Territory of Montana v. Drennan
Montana Supreme Court
Appeal from the Second District, Deer Lodge County. Drennan was tried in May, 1868, in the second district, upon an indictment for an assault with intent to inflict upon Patrick Dalton a bodily injury. He was convicted in the district court, Williston, J., to whose rulings, upon the admission of evidence, the defendant filed exceptions, which are contained in the opinion of the court.
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Appeal from the Second District, Deer Lodge County. Drennan was tried in May, 1868, in the second district, upon an indictment for an assault with intent to inflict upon Patrick Dalton a bodily injury. He was convicted in the district court, Williston, J., to whose rulings, upon the admission of evidence, the defendant filed exceptions, which are contained in the opinion of the court. Defendant had a right to show that he was possessing and using the water and mining claim, at the time of the assault committed upon Dalton, in mitigation of the offense. People v. Payne, 8 Cal. 341; People v.…
1Opinion of the CourtKnowles, J.
Michael Drennan, the above-named defendant, was indicted for the crime of assaulting, with intent to do-great bodily injury, on Patrick Dalton, and was tried and convicted of the same. The only error complained of by the defendant is the refusal of the court to admit, on the trial, the evidence set forth in the following exceptions, to wit:
“Be it remembered that on the trial of this cause, the defendant, Michael Drennan, introduced as a witness in his behalf one John Stoner, by whom he proposed to prove that the defendant was owner of a mining claim in Washington gulch, in Deer Lodge county;…
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