Territory of Montana v. Rowand
Montana Supreme Court
Appeal from the District Court, Silver Bow County. STATEMENT. The defendant, John A. Bowand, was tried at the April term, 1888, of the District Court of Deer Lodge County, for the killing of Joseph Bussiere, in Silver Bow County, on the twenty-sixth day of April, 1887. He had obtained a change of venue from Silver Bow County, in which the indictment against him had been found, to Deer Lodge.
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Appeal from the District Court, Silver Bow County. STATEMENT. The defendant, John A. Bowand, was tried at the April term, 1888, of the District Court of Deer Lodge County, for the killing of Joseph Bussiere, in Silver Bow County, on the twenty-sixth day of April, 1887. He had obtained a change of venue from Silver Bow County, in which the indictment against him had been found, to Deer Lodge. The jury in the case found him guilty of murder in the second degree, and fixed the punishment at imprisonment for life. From the judgment of the court in accordance with said verdict, and an order…
1Opinion of the CourtMcConnell, C. J.
The appellant was convicted at the April term, 1888, of the District Court of Deer Lodge County, of murder in the second degree, for killing Joseph Bussiere, and sentenced to imprisonment for life. A motion for a new trial was overruled, and an appeal was taken to this court. There are two grounds of error relied on for reversal: (1) A variance between the indictment and the prooí) and error in the instruction of the court to the jury upon this point. (2) Errors in the instructions to the jury in other particulars.
1. The defendant is charged with a wilful, premeditated, and deliberate assault…
2Cases cited6 opinions
- Territory of Montana v. MantonMontana Supreme Court · 1888
- Territory of Montana v. StearsMontana Supreme Court · 1875
- State v. NobleSupreme Judicial Court of Maine · 1839
- State v. JacksonSupreme Judicial Court of Maine · 1849
- United States v. BrownU.S. Circuit Court for the District of Ohio · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. FelkerMontana Supreme Court · 1903
- State v. FlathersSouth Dakota Supreme Court · 1930
- State v. ChavezMontana Supreme Court · 1929
- State v. RiversMontana Supreme Court · 1958
5 more not listed; retrieve them via the Exa API.