Territory of Montana v. Pendry
Montana Supreme Court
Appeal from First Judicial District, Beaverhead County. The defendant was tried before McConnell, C. J. The court erred in refusing to give the instructions in the exact language, as requested by defendant, when such instrue-tions correctly state the law.
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Appeal from First Judicial District, Beaverhead County. The defendant was tried before McConnell, C. J. The court erred in refusing to give the instructions in the exact language, as requested by defendant, when such instrue-tions correctly state the law. (Conrad v. Lindley, 2 Cal. 174; Mussel v. Amador, 3 Cal. 400; People v. Hurley, 8 Cal. 390; People v. Ramirez, 13 Cal. 172; People v. Williams, 17 Cal. 142; People v. Lachduais, 32 Cal. 434.) The court erred in charging the jury that “in the crime of stealing a steer or ox it is not necessary to prove that the ox is of any special value. To…
1Opinion of the CourtLiddell, J.
The defendant was indicted, tried, and convicted of the crime of stealing a steer, and from an order overruling his motion for a new trial he prosecutes the present appeal.
The six grounds upon which he relies for a reversal will be considered in the order in which they appear in his motion.
His first two objections are that the verdict is contrary to the law and the evidence; both of which may be summarily disposed of by the statement that the record contains none of the evidence used upon the trial, while the indictment is technically perfect, inasmuch as it follows the words of the statute,…
2Cases cited3 opinions
- Boyce v. California Stage Co.California Supreme Court · 1864
- Territory v. CorbettMontana Supreme Court · 1877
- People v. TownsleyCalifornia Supreme Court · 1870
3Cited by8 opinions
- Paxton v. WoodwardMontana Supreme Court · 1904
- State v. DixsonMontana Supreme Court · 1927
- Chesnut v. PeopleSupreme Court of Colorado · 1895
- State v. BroomOregon Supreme Court · 1931
- State v. FaulkSouth Dakota Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.