Territory of Montana v. Burgess
Montana Supreme Court
Appeal from the District Court, Fergus County. STATEMENT. The defendant, William H. Burgess, was indicted for the murder of one Dennis O’Brien, by the grand jury of Fergus County, Montana Territory, and tried in the District Court of said county. At the time of the killing, both Burgess and O’Brien had been striving for the possession of a mining claim, known as the “Florence,” situated on the military reservation of Fort Maginnis, which was within the limits of said county.
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Appeal from the District Court, Fergus County. STATEMENT. The defendant, William H. Burgess, was indicted for the murder of one Dennis O’Brien, by the grand jury of Fergus County, Montana Territory, and tried in the District Court of said county. At the time of the killing, both Burgess and O’Brien had been striving for the possession of a mining claim, known as the “Florence,” situated on the military reservation of Fort Maginnis, which was within the limits of said county. Deceased was shot, upon the said reservation, by a rifle, fired from the Florence Claim by Burgess, who had gained…
1Opinion of the CourtDe Wolfe, J.
The defendant was tried and convicted of mnrder in the second degree, for killing Dennis O’Brien on the tenth day of September, A. D. 1887, and sentenced to imprisonment in the territorial prison for thirteen years. The defendant moved for a new trial on several grounds: First, misconduct of the jury, tending to prevent a fair and due consideration of the case, to wit, the drinking by the jury of intoxicating liquors after being charged by the court, and while considering their verdict; second, the court misdirected the jury in material matters of law, in this, in giving the instructions it…
2Cases cited13 opinions
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- United States v. McBratneySupreme Court of the United States · 1882
- Coleman v. TennesseeSupreme Court of the United States · 1879
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- Marion v. StateNebraska Supreme Court · 1886
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3Cited by20 opinions
- State v. HartleyNevada Supreme Court · 1895
- State v. MorrisonSupreme Court of Kansas · 1903
- Kealoha v. TanakaHawaii Supreme Court · 1962
- State v. LuceyMontana Supreme Court · 1900
- State v. TullyMontana Supreme Court · 1904
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