State v. Leakey
Montana Supreme Court
Appeal from, District Court, Dawson County; Sydney Sanner, Judge. Man M. Leakey was convicted of murder in the first degree, and appeals from the judgment of conviction and an order denying his motion for a new trial. It was error to exclude questions ashed of the witnesses “Wynn and Bushell, concerning the mental condition of the defendant, since it is competent for an ordinary witness to express an opinion concerning the health or physical or mental condition of another.
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Appeal from, District Court, Dawson County; Sydney Sanner, Judge. Man M. Leakey was convicted of murder in the first degree, and appeals from the judgment of conviction and an order denying his motion for a new trial. It was error to exclude questions ashed of the witnesses “Wynn and Bushell, concerning the mental condition of the defendant, since it is competent for an ordinary witness to express an opinion concerning the health or physical or mental condition of another. (Rogers on Expert Testimony, 9; State v. Trueman, 34 Mont. 249, 85 Pac. 1024; People v. Sehorn, 116 Cal. 503, 48 Pac.…
1Opinion of the CourtChief Justice Brantlt
The defendant was convicted of murder in the first degree and sentenced to death. He has appealed from the judgment of conviction and an order denying his motion for a new trial. The assignments of error upon which he relies are predicated upon rulings in admitting and excluding evidence, and the action of the court in giving and refusing instructions. The contention is also made that the verdict is contrary to the evidence.
The circumstances attending the homicide, gathered from the uncontroverted statements of eye-witnesses, are the following: It occurred at the village of Wibaux, Dawson…
2Cases cited8 opinions
- McLean v. StateSupreme Court of Alabama · 1849
- State v. PeelMontana Supreme Court · 1899
- State v. FisherMontana Supreme Court · 1900
- State v. KeerlMontana Supreme Court · 1904
- State v. PennaMontana Supreme Court · 1907
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3Cited by19 opinions
- State v. DavisMontana Supreme Court · 1921
- The Atkins Corporation v. TournyCalifornia Supreme Court · 1936
- State v. KitchensMontana Supreme Court · 1955
- Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- State v. RobinsonMontana Supreme Court · 1939
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