Legal Opinion

State v. Bowser

Montana Supreme Court

Decided May 16, 1898PublishedCited by 18 opinions

Appeal from District Coxox't, Flathead County; Charles W. Pomeroy, Judge. Martin Bowser was convicted of rape upon a child under 16 years of age, and he appeals.

1Opinion of the CourtHunt, J.

Defendant was convicted of rape upon a child under the age of 16 years. He was sentenced to the penitentiary'for life, and appealed from the judgment and an order overruling a motion for a new trial.

1. Defendant specified as error the order of the court denying his motion to quash the information under which he was arraigned. The ground of this motion was that defendant had not been legally committed by a magistrate before the filing of the information. It was a fact not disputed that defendant never had had a preliminary examination, and never had waived any right to the same. The…

2Cases cited7 opinions

  1. Strang v. PeopleMichigan Supreme Court · 1871
  2. People v. RatzCalifornia Supreme Court · 1896
  3. Territory of Montana v. ClaytonMontana Supreme Court · 1888
  4. Bain v. StateSupreme Court of Alabama · 1878
  5. People v. ChristianCalifornia Supreme Court · 1894

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

3Cited by18 opinions

  1. State v. TigheMontana Supreme Court · 1903
  2. State v. VinnMontana Supreme Court · 1914
  3. State v. ThomasWashington Supreme Court · 1941
  4. Chaney v. CommonwealthCourt of Appeals of Kentucky · 1912
  5. State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940

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

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