State v. Jones
Montana Supreme Court
Appeal from District Gourt, Gallatin Gounty; W. R. G. Stewart, Judge. A. 0. Jones was convicted of rape, and appeals. Statement oe the Case, bt the Justice Delivering the Opinion. Defendant was convicted of the crime of rape, and appeals from the judgment and the order of the district court refusing his motion for a new trial.
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Appeal from District Gourt, Gallatin Gounty; W. R. G. Stewart, Judge. A. 0. Jones was convicted of rape, and appeals. Statement oe the Case, bt the Justice Delivering the Opinion. Defendant was convicted of the crime of rape, and appeals from the judgment and the order of the district court refusing his motion for a new trial. The charging part of the information is as follows: “That the said A. O. Jones, on or about the 10th day of September, 1902, in the city of Bozeman, county of Gallatin, state of Montana, did willfully, unlawfully and feloniously have sexual intercourse with, and carnal…
1Opinion of the CourtJustice Holloway
1. The Information. — The information charges the defendant with the crime of rape committed upon a female child under the age of sixteen years. The phrase, “to wit, of the age of fourteen years and upward,” modifies the former allegation to the extent of saying that, while the child was under the age of sixteen years, she was above the age of fourteen years. The phrase might have been omitted, but its use could not have the effect of confusing anyone as to the meaning of the language employed. (People v. Mills, 17 Cal. 276.) Having charged that the crime was committed upon a female child…
2Cases cited23 opinions
- Hayes v. MissouriSupreme Court of the United States · 1887
- State v. GleimMontana Supreme Court · 1895
- Arnold v. SkaggsCalifornia Supreme Court · 1868
- Hirschman v. PeopleIllinois Supreme Court · 1881
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. ByrdMontana Supreme Court · 1910
- State v. PippiMontana Supreme Court · 1921
- State v. GallagherMontana Supreme Court · 1973
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- State v. HuffmanMontana Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.