Territory v. Bell
Montana Supreme Court
Appeal from First District, Gallatin County. .There was no sufficient description of the property alleged to have been taken, nor was the want of such description properly accounted for. The allegation that a particular description of the property is unknown to the grand jury is a material allegation and must be proved as alleged.
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Appeal from First District, Gallatin County. .There was no sufficient description of the property alleged to have been taken, nor was the want of such description properly accounted for. The allegation that a particular description of the property is unknown to the grand jury is a material allegation and must be proved as alleged. The evidence before the grand and petit jury showed that a particular description was known, and on this ground the appellant was entitled to acquittal. Territory v. Shipley, 4 Mont. 468; 1 Bishop, Orim. Pro. (1st ed.) secs. 297-303; 32 N. Y. 465; 14 Gray, 41; 36…
1Opinion of the CourtGalbraith, J.
The appellants in this case were indicted for robbery. There was a demurrer to the indictment, which was overruled.
The appellant James Lane, upon his demand, was granted a separate trial, and was tried and convicted of robbery in manner and form as charged in the indictment. Judgment was duly rendered, and from that judgment there is this appeal. There was a motion for a new trial, and a motion in arrest of judgment. The motion for a new trial was made upon the following-grounds, viz.:
1. That the court misdirected the jury in a material matter of law.
2. That the court admitted illegal…
2Cases cited1 opinion
- Territory v. ShipleyMontana Supreme Court · 1882
3Cited by3 opinions
- State v. MasonMontana Supreme Court · 1900
- Territory of New Mexico v. HaleNew Mexico Supreme Court · 1905
- Gum v. MurrayMontana Supreme Court · 1886