State v. Akers

Mr. Justice Angstman:

I dissent. I think defendant’s plea of once in jeopardy and former conviction should have been sustained as matter of law. I am aware that these pleas rise issues of fact (sec. 11928, Rev. Codes), and that the pleas cannot be determined against the defendant except by verdict of the jury. (State v. O’Brien, 19 Mont. 6, 47 Pac. 103.) But if the evidence is in such condition as to leave no doubt in the minds of reasonable men that the pleas are good, then the court may and should determine the question in favGr of defendant without submitting the question to the jury (State…