Legal Opinion

State v. PRLJA

Montana Supreme Court

Decided March 29, 1920No. 4,416PublishedCited by 8 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Philip Prlja was convicted of assault in the second degree, and from judgment and order denying his motion for a new trial, he appeals. The trial court unduly restricted the cross-examination of the complaining witness Burzan and effectively prevented the placing before the jury of,the truth as to all the facts surrounding the occurrence of the acts complained of.

Read the full summary

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Philip Prlja was convicted of assault in the second degree, and from judgment and order denying his motion for a new trial, he appeals. The trial court unduly restricted the cross-examination of the complaining witness Burzan and effectively prevented the placing before the jury of,the truth as to all the facts surrounding the occurrence of the acts complained of. This court has held that this right should not be so restricted. (Cobban v. Hecklen, 27 Mont. 245, 70 Pac. 805; State v. Whitworth, 47 Mont. 424, 133 Pac. 364;…

1Opinion of the CourtJustice Matthews

Appellant was convicted in the district court of Silver Bow county of the crime of assault in the second degree, committed upon the person of one Mike Burzan. The trouble out of which the charge arose occurred at the Northern Pacific depot in Butte ■during the farewell demonstration for departing Servian volunteers. It appears from the evidence that there was considerable shooting done, one witness comparing the disturbance to an old-*464time Fourth of July celebration, though there seems to have been no effort to stop it or to arrest those doing the shooting. While Burzan had a gun in his…

2Cases cited9 opinions

  1. Arnold v. SkaggsCalifornia Supreme Court · 1868
  2. Scheuer v. StateMontana Supreme Court · 1904
  3. State v. MatkinsMontana Supreme Court · 1912
  4. State v. BrooksMontana Supreme Court · 1899
  5. State v. TullyMontana Supreme Court · 1904

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

3Cited by8 opinions

  1. State v. CourvilleMontana Supreme Court · 2002
  2. Ramirez v. City of RenoDistrict Court, D. Nevada · 1996
  3. State v. BroellMontana Supreme Court · 1930
  4. State v. LaughlinMontana Supreme Court · 1937
  5. State v. ProutyMontana Supreme Court · 1921

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API