State v. Schaefer
Montana Supreme Court
Appeal from District Court, Deer Lodge County; George B. Winston, Judge. Joseph Schaefer was convicted of assault in tbe first degree, and appeals from the judgment of conviction and an order denying him a new trial. Neither of the presumptions of law embodied in instruction No. 5 are applicable to a case of assault with a specific intent to kill, nor to any case where the specific intent with which the act is done is the very gist of the offense.
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Appeal from District Court, Deer Lodge County; George B. Winston, Judge. Joseph Schaefer was convicted of assault in tbe first degree, and appeals from the judgment of conviction and an order denying him a new trial. Neither of the presumptions of law embodied in instruction No. 5 are applicable to a case of assault with a specific intent to kill, nor to any case where the specific intent with which the act is done is the very gist of the offense. They can only apply where the intent has been fully consummated, and the intended crime committed, and are held prejudicial where the intent has…
1Opinion of the Court
MR.' JUSTICE SMITH
delivered the opinion of the court.
The defendant in this case was convicted of the crime of assault in the first degree, his prosecution being based upon an information which reads, in part, as follows: “The said Joseph Schaefer on or about the ninth day of January, 1906, * * * at the county of Deer Lodge and state of Montana, did then and there willfully, unlawfully and feloniously with a loaded firearm, to-wit, a revolver, * * * then and there assault one Frank Yamer, with intent in (him), the said defendant, to then and there unlawfully, willfully and feloniously kill the…
2Cited by8 opinions
- State v. BoardMontana Supreme Court · 1959
- Hydrick v. StateMississippi Supreme Court · 1963
- State v. ColbertMontana Supreme Court · 1920
- State v. QuinlanMontana Supreme Court · 1952
- State v. GarneyMontana Supreme Court · 1949
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