Territory v. Manton
Montana Supreme Court
Appeal from District Court, Deer Lodge County The indictment does not state a public offense.. The words “ feloniously, willfully, purposely, premeditatedly, and of his malice aforethought,” do not of themselves describe murder, unless they are applied to acts which make up that crime. Malice arises from an evil purpose; negligence from a failure of purpose.
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Appeal from District Court, Deer Lodge County The indictment does not state a public offense.. The words “ feloniously, willfully, purposely, premeditatedly, and of his malice aforethought,” do not of themselves describe murder, unless they are applied to acts which make up that crime. Malice arises from an evil purpose; negligence from a failure of purpose. Malice is a defect of the heart, and negligence a defect of the intellect. 1 Wharton’s Criminal Law, see. 126; Territory v. Dooley, 4 Mont. 295. The evidence shows that the defendant is guilty of no crime whatever; that the defendant did…
1Opinion of the Court
The opinion states the case.
McConnell, C. J.
The appellant in this case was tried at the April term, 1887, of the district court for Deer Lodge County, and convicted of murder in the second degree, and sentenced, to twenty years’ imprisonment. He moved in arrest of judgment and for a new trial, which motions were overruled, and he has appealed in error to this court. There are various specifications *165of error, many of which we do not deem it necessary to notice.
1. The motion to arrest the judgment was predicated upon the ground that the indictment does not show that any criminal offense at all…
2Cases cited2 opinions
- Territory of Montana v. McAndrewsMontana Supreme Court · 1878
- Territory of Montana v. StearsMontana Supreme Court · 1875
3Cited by12 opinions
- State v. ZobelSouth Dakota Supreme Court · 1965
- Territory of Montana v. MantonMontana Supreme Court · 1888
- Delligatti v. United StatesSupreme Court of the United States · 2025
- State v. HollowellMontana Supreme Court · 1927
- Sharpe v. SharpeSuperior Court of Pennsylvania · 1955
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