Legal Opinion

State v. Duncan

Montana Supreme Court

Decided November 5, 1925No. 5,774PublishedCited by 7 opinions

1Opinion of the CourtJustice Holloway

On March 28, 1925, the sheriff of Hill county, -without a warrant, searched an automobile belonging to and in the possession of T. 0. Duncan, and took therefrom twenty-four cases of Canadian whisky and beer. On March 30 an information was filed which charged Duncan with the unlawful transportation and possession of intoxicating liquor. A motion was made to suppress the evidence obtained by the search, but the motion was overruled and the evidence was admitted at the trial. Duncan was found guilty as charged and his punishment was fixed at a fine of $400 and imprisonment in the county jail for…

2Cases cited17 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Commonwealth v. BrownSupreme Court of Virginia · 1895
  3. State v. McKinneyMontana Supreme Court · 1904
  4. Lewis & Clark County v. Industrial Accident BoardMontana Supreme Court · 1916
  5. Perkins v. Board of County CommissionersIllinois Supreme Court · 1916

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3Cited by7 opinions

  1. Tranum v. StringerSupreme Court of Alabama · 1927
  2. Van Tighem v. LinnaneMontana Supreme Court · 1960
  3. MEA-MFT v. Fox (LR 127)Montana Supreme Court · 2014
  4. Netzer v. StateMontana Supreme Court · 2025
  5. MEA-MFT v. Fox (LR 127)Montana Supreme Court · 2014

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