Legal Opinion

State v. Sieff

Montana Supreme Court

Decided October 30, 1917No. 3,979PublishedCited by 21 opinions

Appeal from District Court, Dawson County; C. C. Hurley, Judge. Louis Siefe was convicted of maliciously burning property, and appeals from the judgment and an order denying him a new trial.

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Appeal from District Court, Dawson County; C. C. Hurley, Judge. Louis Siefe was convicted of maliciously burning property, and appeals from the judgment and an order denying him a new trial. In a prosecution for arson or for the malicious burning or destruction of property, it is necessary for the state to prove beyond a reasonable doubt that the fire was of incendiary origin and that it did not arise from natural or accidental causes; also the state is required to produce evidence which directly connects the accused with the crime; likewise the burden is on the state to show that accused was…

1Opinion of the CourtJustice Holloway

Louis Sieff was convicted of willfully and maliciously burning three stacks of hay belonging to H. S. Cutting, and has appealed from the judgment and from an order denying him a new trial.

1. In the original information the crime was designated the malicious destruction of property, but the facts alleged constitute *168[1] a felony defined by section 8748, Revised Codes! Over de- • fendant’s objection the information was amended by substituting the word “burning” for the word “destruction” in the designation of the crime. In this no error was committed. The grade of the crime charged does not…

2Cases cited6 opinions

  1. State v. McCarthyMontana Supreme Court · 1907
  2. State v. SuitorMontana Supreme Court · 1911
  3. State v. TaylorMontana Supreme Court · 1915
  4. State v. ChevignyMontana Supreme Court · 1914
  5. State v. Postal Telegraph Cable Co.Montana Supreme Court · 1916

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. EubanksSupreme Court of Georgia · 1977
  2. State v. BarkerMontana Supreme Court · 1993
  3. State v. RiggsMontana Supreme Court · 1921
  4. State v. FisherMontana Supreme Court · 1927
  5. Smith v. StateWyoming Supreme Court · 1928

16 more not listed; retrieve them via the Exa API.

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