State v. Sullivan
Montana Supreme Court
Appeal from Second Judicial District, Deer Lodge Cowniy. The defendant was tried before Dtjrfee, J. The judge of the District Court has authority to dismiss the case and order a -nol. pros, of the indictment, and to direct a resubmission or re-examination of the charge, and in the mean time detain the defendant in custody for his appearance to answer a new indictment, where: (1) If the defendant is formally acquitted on the ground of a variance between the indictment and the…
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Appeal from Second Judicial District, Deer Lodge Cowniy. The defendant was tried before Dtjrfee, J. The judge of the District Court has authority to dismiss the case and order a -nol. pros, of the indictment, and to direct a resubmission or re-examination of the charge, and in the mean time detain the defendant in custody for his appearance to answer a new indictment, where: (1) If the defendant is formally acquitted on the ground of a variance between the indictment and the proof; or (2) upon an objection to the form or substance of the indictment, it shall not be deemed an acquittal of the…
1Opinion of the CourtHarwood, J.
Both parties to this action appeal. The defendant was indicted for an assault upon one John Maze, with intent to commit murder. Upon the trial the jury returned the following verdict: “We, the jury, find against the defendant on his plea of former acquittal, and that he is guilty of a simple assault, and fix his punishment at a fine of fifty dollars,” whereupon the court pronounced judgment against the defendant that he “ pay the fine of fifty dollars assessed by the jury in the said above cause, and further that he pay the costs of this prosecution.”
The record shows that the defendant paid…
2Cases cited5 opinions
- People v. HughesCalifornia Supreme Court · 1871
- Lynes v. StateSupreme Court of Alabama · 1837
- Morgan v. StateTexas Supreme Court · 1871
- People v. AllenCalifornia Supreme Court · 1882
- Donnel v. United StatesSupreme Court of Iowa · 1843
3Cited by18 opinions
- State v. LeeMontana Supreme Court · 1905
- State v. ThompsonMontana Supreme Court · 1891
- State v. HeiserMontana Supreme Court · 1965
- State ex rel. Marion v. ReynoldsMontana Supreme Court · 1894
- Anderson v. Safe Streets USA LLCDistrict Court, E.D. California · 2022
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