Territory v. Edmonson
Montana Supreme Court
Appeal from, First District, Jefferson County. The evidence in the case at bar in some essential points is very conflicting. The prosecuting witness, Shelton, testifies he was unarmed at the time of the alleged assault. The defendant and one Sullivan swear positively that Shelton was armed, and that he drew his rewolver and held it in both hands towards Edmonson, before defendant fired.
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Appeal from, First District, Jefferson County. The evidence in the case at bar in some essential points is very conflicting. The prosecuting witness, Shelton, testifies he was unarmed at the time of the alleged assault. The defendant and one Sullivan swear positively that Shelton was armed, and that he drew his rewolver and held it in both hands towards Edmonson, before defendant fired. There is no conflict in the evidence that on a previous occasion, at the same place, Shelton was armed, and that he used some threatening language on that occasion towards the defendant, and •the evidence is…
1Opinion of the CourtGalbraith, J.
The indictment in this cause was for an assault with intent to commit murder. The jury found the defendant guilty as charged in the indictment. The defendant, upon his trial, attempted to justify by endeavoring to show that the act constituting the alleged crime was done in self-defense. The testimony tending to show such justification was wholly introduced by the defendant, as none of the testimony of the prosecution indicated any state of circumstances which warranted the shooting. On the other hand, all the testimony of the prosecution was wholly inconsistent with, and tended to repel,…
2Cases cited5 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- People v. CoffmanCalifornia Supreme Court · 1864
- The People v. . SchryverNew York Court of Appeals · 1870
- Alexander v. PeopleIllinois Supreme Court · 1880
- State v. PierceNevada Supreme Court · 1873
3Cited by3 opinions
- State v. PeelMontana Supreme Court · 1899
- State v. FelkerMontana Supreme Court · 1903
- State v. LewisMontana Supreme Court · 1923