Territory v. Flowers
Montana Supreme Court
Appeal from First District, Jefferson County. JohNStoN & Toole, for tbe motion to dismiss tbe appeal.
1Opinion of the CourtBlare, J.
Tbis case is before ns upon tbe motion of tbe respondents to dismiss tbe appeal because tbe same cannot be, and bas not been, taken under tbe laws of tbe Territory. Tbe grand jury of Jefferson county presented an indictment in open court October 7, 1874, charging tbe respondents witb tbe commission of the crime of assault and battery. A demurrer to tbe indictment on tbe ground that tbe court did not have jurisdiction of tbe offense was sustained, and judgment was entered that tbe re-spondénts be discharged. ¥e are of tbe opinion that tin’s appeal bas been properly taken under tbe Criminal…
2Cases cited3 opinions
- Shaw v. RandallCalifornia Supreme Court · 1860
- State v. BakerNevada Supreme Court · 1872
- Wood v. FobesCalifornia Supreme Court · 1855
3Cited by3 opinions
- Territory of Montana v. HannaMontana Supreme Court · 1884
- Territory of Montana v. MackeyMontana Supreme Court · 1888
- McLaughlin v. MichelSouth Dakota Supreme Court · 1900