State v. Felker
Montana Supreme Court
Appeal from District Gourt, Silver Bow County; John B. McGleman> Judge. Llewellyn L. Relees was convicted of manslaughter, and appeals. STATEMENT OE THE CASE. The defendant was charged by information with the crime of murder, and a trial had upon his plea of not guilty resulted in a verdict of manslaughter. Judgment was thereupon entered fixing his punishment at hard labor in the state prison for a term of ten years.
Read the full summary
Appeal from District Gourt, Silver Bow County; John B. McGleman> Judge. Llewellyn L. Relees was convicted of manslaughter, and appeals. STATEMENT OE THE CASE. The defendant was charged by information with the crime of murder, and a trial had upon his plea of not guilty resulted in a verdict of manslaughter. Judgment was thereupon entered fixing his punishment at hard labor in the state prison for a term of ten years. He has appealed from the judgment and an order denying him a new trial. The facts leading up to and attending the homicide, about which there is no controversy, are the…
1Opinion of the Court
MR CHIEF JUSTICE; BKANT'LY,
after stating the case, delivered the opinion of the court.
1. It is argued by counsel for defendant that the evidence is insufficient to warrant any other finding than that of justifiable homicide. With this view we cannot agree. The state’s theory of the case at the trial w7as that the circumstances all tended to show deliberate, premeditated murder, and that, instead of being present merely for the purpose of protecting his sister from any violence intended or threatened by the deceased, the defendant armed himself and sought an excuse to kill Cun • ningham, and…
2Cases cited9 opinions
- State v. PeelMontana Supreme Court · 1899
- State v. LuceyMontana Supreme Court · 1900
- State v. ShaferMontana Supreme Court · 1901
- State v. McClellanMontana Supreme Court · 1900
- State v. PetersonMontana Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. McKenzieMontana Supreme Court · 1980
- State v. McKenzieMontana Supreme Court · 1978
- People v. GougasIllinois Supreme Court · 1951
- Mortimore v. StateWyoming Supreme Court · 1916
- State v. HanlonMontana Supreme Court · 1909
23 more not listed; retrieve them via the Exa API.