Legal Opinion

Territory of Montana v. Underwood

Montana Supreme Court

Decided July 15, 1888PublishedCited by 13 opinions

Appeal from the Second Judicial District, Deer Lodge County. STATEMENT. The appellant in this case, Edward W. Underwood, was convicted in the District Court of Deer Lodge County, at the October term, 1887, for obtaining money under false pretenses. He was sentenced to one year in the penitentiary at hard labor, and to pay the costs of the prosecution.

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Appeal from the Second Judicial District, Deer Lodge County. STATEMENT. The appellant in this case, Edward W. Underwood, was convicted in the District Court of Deer Lodge County, at the October term, 1887, for obtaining money under false pretenses. He was sentenced to one year in the penitentiary at hard labor, and to pay the costs of the prosecution. The confession referred to in the opinion was made by Underwood to Thomas Trevaille, the officer who arrested him and who had him in charge,on his way to jail.

1Opinion of the CourtMcConnell, C. J.

In this case no counsel appeared for the prisoner, but the court felt that it was a duty it owed to the defendant to examine the record, and see that he had had a legal trial. The defendant in this case was convicted December 23, 1887, of the crime of obtaining money under false pretenses, and his punishment fixed at imprisonment in the penitentiary for the period of one year. Motions in arrest of judgment, and for a new trial, were made and overruled, and an appeal taken to this court. The motion in arrest of judgment was made upon the ground that the indictment did not charge a public…

2Cited by13 opinions

  1. State v. CrankUtah Supreme Court · 1943
  2. State v. DixsonMontana Supreme Court · 1927
  3. State v. DavisonMontana Supreme Court · 1980
  4. Mathews v. StateCourt of Criminal Appeals of Oklahoma · 1921
  5. State v. BerberickMontana Supreme Court · 1909

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