State v. Spotted Hawk
Montana Supreme Court
Appeal from District Court, Custer Country; C. H. Loud, Judge. Yellow Hair, Spotted Hawk and others were indicted for murder. Spotted Hawk was convicted, and he appeals. The statement of facts appears in the opinion. The appellant contends that the information filed in this cause does not state facts sufficient to show jurisdiction of the trial court. (Act of Congress of March 3, 1885; 1 Chittenden on Criminal Law, 131; McBride v. State, 10 Humph.
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Appeal from District Court, Custer Country; C. H. Loud, Judge. Yellow Hair, Spotted Hawk and others were indicted for murder. Spotted Hawk was convicted, and he appeals. The statement of facts appears in the opinion. The appellant contends that the information filed in this cause does not state facts sufficient to show jurisdiction of the trial court. (Act of Congress of March 3, 1885; 1 Chittenden on Criminal Law, 131; McBride v. State, 10 Humph. (Tenn.) 615; 1 Bishop on Criminal Procedure, Sec. 375; People v. Wong Wang, 92 Cal. 277, 28 Pac. 270.) Appellant assigns as error the overruling of…
1Opinion of the Court
BRANTLY, C. J
The defendant was convicted of murder in the first degree, in the District Court of the Seventh Judicial District, in and for Custer county, on November 9, 1897. On the 22d day of November, he was sentenced to be hanged. From this judgment of conviction, and from an order overruling his motion for a new trial, he has appealed to this Court. We notice the assignments of error somewhat m the order in which they are made.- The statement of facts appears in the opinion.
1. At the arraignment, the defendant made a motion to set aside the information, on the two grounds: That he had not…
2Cases cited14 opinions
- State v. GeddesMontana Supreme Court · 1899
- State v. CampbellSupreme Court of Minnesota · 1893
- People v. YoakumCalifornia Supreme Court · 1879
- Territory of Montana v. MantonMontana Supreme Court · 1888
- People v. ShulerCalifornia Supreme Court · 1865
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3Cited by72 opinions
- State v. BischertMontana Supreme Court · 1957
- State v. BashorMontana Supreme Court · 1980
- State v. Big SheepMontana Supreme Court · 1926
- State v. NealSupreme Court of Missouri · 1943
- State v. ReedMontana Supreme Court · 1922
67 more not listed; retrieve them via the Exa API.