Legal Opinion

State v. McCaffery

Montana Supreme Court

Decided April 15, 1895PublishedCited by 16 opinions

Appeal from Fifth Judicial District, Jefferson Gomvty. Conviction for an assault. The defendant was tried before Showers, J. Statement of the case by justice delivering*the opinion. The defendant appeals from a judgment of the district court entered October 16, 1893, adjudging him guilty of the crime of assault, and sentencing him to pay a fine of five dollars and costs.

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Appeal from Fifth Judicial District, Jefferson Gomvty. Conviction for an assault. The defendant was tried before Showers, J. Statement of the case by justice delivering*the opinion. The defendant appeals from a judgment of the district court entered October 16, 1893, adjudging him guilty of the crime of assault, and sentencing him to pay a fine of five dollars and costs. The bill of exceptions contains the original complaint made by the sheriff of Jefferson county, on information and belief, charging the defendant with having made an assault upon one John F. Smith, with the intent, then and…

1Opinion of the CourtHunt, J.

The appellant contends that the information charged a simple assault, and not an assault with a deadly weapon to do a bodily injury, as defined by section 60 of the *35Criminal Laws of Montana. The ground of his objection is based upon the omission in the information of the technical word “feloniously,” in the averment of the assault itself. For the purpose of considering this point, we may grant that the offense charged is a felony, and that the word “feloniously” is indispensable to the validity of the information; yet, when the whole charge is carefully considered, we find that the intent…

2Cases cited24 opinions

  1. State v. ReinhartOregon Supreme Court · 1895
  2. Grant v. StateSupreme Court of Florida · 1894
  3. State v. BlackmanSupreme Court of Kansas · 1884
  4. State v. DavieWisconsin Supreme Court · 1885
  5. People v. GardnerMichigan Supreme Court · 1886

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

3Cited by16 opinions

  1. In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
  2. State v. SchnepelMontana Supreme Court · 1900
  3. State ex rel. Neville v. MullenMontana Supreme Court · 1922
  4. Williams v. PeopleSupreme Court of Colorado · 1899
  5. United States v. Paul B. Miller and Mildred E. Miller, His WifeCourt of Appeals for the Third Circuit · 1956

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

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