State v. McMillan
Montana Supreme Court
Appeal from District Cowrt, Cascade county. G. H. Benton, Judge. William McMillan was convicted of rape, and appeals. Statement of the case by the justice delivering the opinion. The appellant, William McMillan, was on the 12th day of September, 1896, convicted of the crime of rape in the District Court of Cascade county.
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Appeal from District Cowrt, Cascade county. G. H. Benton, Judge. William McMillan was convicted of rape, and appeals. Statement of the case by the justice delivering the opinion. The appellant, William McMillan, was on the 12th day of September, 1896, convicted of the crime of rape in the District Court of Cascade county. As appears from the record, the defendant is charged with committing said crime upon one Mary Augustine, a child nine years of age, on the 23d day of August of said year. Between the time of the alleged commission of the offense and the conviction of the defendant, he had an…
1Opinion of the CourtPemberton, C. J.
The principal assignment of error in the case is that the ‘ ‘verdict is not supported by the evidence, and appears to have been rendered under the influence of passion and prejudice.”
It is the well-settled general rule of law, especially in this jurisdiction, that a verdict will not be disturbed when there is simply a conflict in the evidence, — where there is evidence sufficient to support the verdict. But this record does not present simply a conflict in the evidence. It is insisted that the uncorroborated evidence of the prosecutrix, upon which the conviction was had, is so unreasonable,…
2Cited by10 opinions
- State v. GaimosMontana Supreme Court · 1916
- State v. MoeMontana Supreme Court · 1923
- Fox v. City of PasadenaCourt of Appeals for the Ninth Circuit · 1935
- State v. WilsonMontana Supreme Court · 1926
- State v. GundersonNorth Dakota Supreme Court · 1913
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