State v. Paine
Montana Supreme Court
'Appeals from District Court, Flathead County; C. W. Pomeroy, Judge. Peter Paine was convicted of selling intoxicating liquor, and from the judgment and order denying new trial, he appeals. Cause submitted on briefs of Counsel. Defendant in a criminal action cannot submit bis defense to a jury through instructions of the court unless he first offers some evidence on which such instructions may be based.
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'Appeals from District Court, Flathead County; C. W. Pomeroy, Judge. Peter Paine was convicted of selling intoxicating liquor, and from the judgment and order denying new trial, he appeals. Cause submitted on briefs of Counsel. Defendant in a criminal action cannot submit bis defense to a jury through instructions of the court unless he first offers some evidence on which such instructions may be based. To rule otherwise would deprive the state of all opportunity of rebutting his defense. He could merely sit still, as he did in the instant case, allow the state to submit all its evidence, and…
1Opinion of the CourtJustice Holloway
The defendant was convicted of selling intoxicating liquors^ and appealed from the judgment and from an order denying him a new trial.
1. It is contendéd that the guaranty contained in section 7, [1] Article III, of the Constitution was violated in this: That the information was not verified by the county attorney. The question was determined adversely to defendant, and further discussion foreclosed by this court, in State v. Clancy, 20 Mont. 498, 52 Pac. 267, and that case has been followed and approved in State v. Shafer, 26 Mont. 11, 66 Pac. 463, and in State v. Martin, 29 Mont. 273, 74…
2Cases cited4 opinions
- State v. MartinMontana Supreme Court · 1903
- State v. BowserMontana Supreme Court · 1898
- State v. ShaferMontana Supreme Court · 1901
- State v. ClancyMontana Supreme Court · 1898
3Cited by4 opinions
- State v. Wong SunMontana Supreme Court · 1943
- State v. KernMontana Supreme Court · 2003
- State v. HemMontana Supreme Court · 1923
- State v. T. ButtolphMontana Supreme Court · 2023