Territory of Montana v. McAndrews
Montana Supreme Court
Appeal from First District, Jefferson Cownty. This case was tried in tbe court below, before Blare, J. 1. The indictment does not charge facts sufficient to' warrant a conviction of murder in the first degree, under our statute. 10 Ohio St. 459, 598. See Hex v. Philips, 6 East, 454; 8 Ohio St. 109, 124, and authorities cited; id. 307; 24 Wend. 518 et sey. 2. The court did not properly instruct the jury upon the subject of murder in the first and second degrees.
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Appeal from First District, Jefferson Cownty. This case was tried in tbe court below, before Blare, J. 1. The indictment does not charge facts sufficient to' warrant a conviction of murder in the first degree, under our statute. 10 Ohio St. 459, 598. See Hex v. Philips, 6 East, 454; 8 Ohio St. 109, 124, and authorities cited; id. 307; 24 Wend. 518 et sey. 2. The court did not properly instruct the jury upon the subject of murder in the first and second degrees. See People v. White, 21 Wend. 51S; State v. Puans, Mo. (1876); State v> Turner, 20 Wright (Ohio), 12, 53 ; Commonwealth v. Dunn, 8 P.…
1Opinion of the CourtWade, C. J.
This is an indictment for murder. The defendant, at the October term, 1877, of the Jefferson county district court, was tried and convicted of the crime of murder in the first degree, and sentenced to be hanged on the 25th of the present *161month. There was a motion for a new trial which was overruled, and an appeal to this court.
1. The first assignment of error is, that the indictment is insufficient for that it does not properly charge the purpose and intent of the defendant in the commission of the alleged crime. The words used in the charging part of the indictment are the same as those in…
2Cases cited6 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Raver v. WebsterSupreme Court of Iowa · 1856
- Fitzgerald v. JerolamanIndiana Supreme Court · 1858
- State v. RoverNevada Supreme Court · 1876
- Reid v. MasonSupreme Court of Iowa · 1863
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3Cited by35 opinions
- Bone v. StateSupreme Court of Georgia · 1897
- State v. GleimMontana Supreme Court · 1895
- State v. ByrdMontana Supreme Court · 1910
- State v. CreanMontana Supreme Court · 1911
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
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