State v. Vanella
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Robert Vanella was convicted of murder in the second degree, and from the judgment and an order denying his motion for a new trial, he appeals. The evidence is insufficient to support the verdict.
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Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Robert Vanella was convicted of murder in the second degree, and from the judgment and an order denying his motion for a new trial, he appeals. The evidence is insufficient to support the verdict. There is no direct testimony that defendant committed the murder, and, as held in Territory v. Behberg, 6 Mont. 467, 13 Pac. 132, in such a case and where the circumstances do not point to him. more than to several others present and capable of committing it, as its perpetrator, the evidence is insufficient and a new,, trial should…
1Opinion of the CourtJustice Holloway
Robert Vanella was convicted of murder in the second degree, and appeals from the judgment and from an order denying him a new trial.
1. It is urged that the defendant was deprived of his right to meet the witnesses against him face to face, and that the provision of the Constitution (Article III, sec. 16) was thereby violated. • Upon the trial the deposition of each of two witnesses for the state was read in evidence against the defendant. That the right secured to the accused by the provision of the Constitution above is not an absolute one is determined by the next succeeding section,…
2Cases cited19 opinions
- Lewis v. United StatesSupreme Court of the United States · 1892
- Deal v. StateIndiana Supreme Court · 1895
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. MortensenUtah Supreme Court · 1903
- State v. BaldwinSupreme Court of Kansas · 1886
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3Cited by45 opinions
- State v. McGeeSupreme Court of Missouri · 1935
- Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
- Commonwealth v. PetrilloSupreme Court of Pennsylvania · 1940
- State v. JonesMontana Supreme Court · 1914
- Levin v. United StatesCourt of Appeals for the Ninth Circuit · 1925
40 more not listed; retrieve them via the Exa API.