State v. Gawith
Montana Supreme Court
Appeal from, Eleventh. Judicial District, Flathead County. Conviction for grand larceny. The defendant was tried before Pomeroy, J. Statement of the case by the justice delivering the opinion.
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Appeal from, Eleventh. Judicial District, Flathead County. Conviction for grand larceny. The defendant was tried before Pomeroy, J. Statement of the case by the justice delivering the opinion. The defendant was convicted of grand larceny and sentenced to the penitentiary by the district court of Flathead county on February 12th, 1896. On February 17th, he gave his notice of intention to move for a new trial, upon the grounds, among others, that the court erred ‘ ‘ in refusing to instruct or advise the jury to acquit,” and “that the verdict in said cause is contrary to the law and evidence. ’…
1Opinion of the CourtHunt, J.
At the outset of this case the state objects to the consideration by this court of the bill of exceptions embodied in the transcript, because it does not appear by the record that the appellant ever notified the county attorney that he would present a bill of exceptions to the judge for settlement.
The recitals and statements of record, by which of course we must determine whether the appellate power of this court is invoked, nowhere disclose that any notice of the presentation of a bill of exceptions to the judge for settlement was ever given to the county attorney; nor does it appear that…
2Cases cited8 opinions
- Brumagim v. BradshawCalifornia Supreme Court · 1870
- Murray v. HeinzeMontana Supreme Court · 1895
- McKay v. Montana Union Railway Co.Montana Supreme Court · 1892
- Tietjen v. SneadArizona Supreme Court · 1890
- Froman v. PattersonMontana Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. BrattonMontana Supreme Court · 1919
- Scholz v. Standard Accident InsuranceSupreme Court of Virginia · 1926
- State v. StickneyMontana Supreme Court · 1904
- State v. PhillipsMontana Supreme Court · 1907
- State v. KremerMontana Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.