Legal Opinion

State v. Mitton

Montana Supreme Court

Decided July 18, 1908No. 2,553PublishedCited by 15 opinions

Appeal from District Court, Gallatin County; E. K. Cheadle, Judge. 3. A. Mitton was convicted of the crime of forgery, and he appeals from the judgment and an order denying him a new trial. The amended information sets forth two offenses. The demurrer to the amended information should have been sustained. {People v. Tower, 135 N. T. 457, 32 N. E. 145; Territory v. Poulier, 8 Mont. 146, 19 Pac. 594; People v. Parker, 67 Mich. 222,11 Am.

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Appeal from District Court, Gallatin County; E. K. Cheadle, Judge. 3. A. Mitton was convicted of the crime of forgery, and he appeals from the judgment and an order denying him a new trial. The amended information sets forth two offenses. The demurrer to the amended information should have been sustained. {People v. Tower, 135 N. T. 457, 32 N. E. 145; Territory v. Poulier, 8 Mont. 146, 19 Pac. 594; People v. Parker, 67 Mich. 222,11 Am. St. Rep. 578, 34 N. W. 720; State v. Wood, 13 Minn. 121; 9 Am. & Eng. Ency. of PI. & Pr. 603, and cases cited; State v. Stevens, 56 Kan. 720, 44 Pac. 992;…

1Opinion of the CourtJustice Holloway

J. A. Mitton was convicted of the crime of forgery, and appeals from the judgment and an order denying him a new trial.

This case was heretofore before this court, and a sufficient statement will be found in the former opinion. The facts need not be repeated here. (State v. Mitten, 36 Mont. 376, 92 Pac. 969.) Upon filing the remittitur in the district court the county *370attorney asked for and was granted permission to file an amended information. This amended information contains two counts, in the first of which it is charged that the defendant feloniously and falsely made, forged and…

2Cases cited6 opinions

  1. Cornish v. WoolvertonMontana Supreme Court · 1905
  2. State v. NewmanMontana Supreme Court · 1906
  3. State v. MittenMontana Supreme Court · 1907
  4. Palmer v. LargentNebraska Supreme Court · 1876
  5. State v. StrattonSupreme Court of Iowa · 1869

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

3Cited by15 opinions

  1. State v. BickfordNorth Dakota Supreme Court · 1913
  2. Simpson v. First Nat. BankOregon Supreme Court · 1919
  3. State v. McDermottIdaho Supreme Court · 1932
  4. State v. PhillipsMontana Supreme Court · 1954
  5. State v. McBrideWashington Supreme Court · 1913

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

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