State v. Asher
Montana Supreme Court
Appeals from District Cowrt, Blaine County; Chas. A. Bose, Judge. Harry H. Asher was convicted of burglary, and, from the judgment of conviction and from an order overruling a motion for dismissal of the information and discharge of the defendant, he appeals. The verdict is a nullity and defendant was entitled to his discharge.
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Appeals from District Cowrt, Blaine County; Chas. A. Bose, Judge. Harry H. Asher was convicted of burglary, and, from the judgment of conviction and from an order overruling a motion for dismissal of the information and discharge of the defendant, he appeals. The verdict is a nullity and defendant was entitled to his discharge. A condition attached to a verdict is an integral part of a verdict, and may not be received by the court, even though the court has the judicial power to fulfill the condition. A valid verdict is not a verdict rendered in the jury-room, but the verdict according to the…
1Opinion of the Court
MR. CHIEF COMMISSIONER POMEROY
prepared the opinion for the court.
The defendant was convicted of the crime of burglary and sentenced to the state prison. The minutes show that, upon the return of the verdict, the following occurred: “The court then ordered the jury polled, and the clerk inquired of each juror if the verdict as read was his verdict. Whereupon each juror answered that the verdict as read was his verdict, save and except Juror Mathias L. Haugen answered that the verdict as read was his verdict with the understanding that the sentence be suspended. The court thereupon asked the…
2Cases cited12 opinions
- State v. O'BrienMontana Supreme Court · 1896
- People v. WardCalifornia Supreme Court · 1905
- Smith v. StateMississippi Supreme Court · 1897
- Ponder v. StateCourt of Appeals of Georgia · 1912
- State v. AustinWisconsin Supreme Court · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. HerronAppellate Court of Illinois · 1975
- State v. BrantinghamMontana Supreme Court · 1923
- State v. McComasMontana Supreme Court · 1929
- Johnson v. HornMontana Supreme Court · 1929
- State v. FredericksMontana Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.