State v. Howland

MR. CHIEF COMMISSIONER LENTZ

prepared the opinion for the court.

Defendant was convicted of the crime of unlawfully selling intoxicating liquor, and has appealed from the judgment and an order overruling his motion for a new trial. To support a conviction the state relies upon the proof of an alleged sale of whisky to one W. K. McFadden on September 27, 1921. There are several assignments of error, but one of which is of sufficient merit to deserve attention.

Over defendant’s objection, the state was permitted to introduce in evidence the entire court file in a cause entitled State of Montana ex…