Legal Opinion

State v. Gaimos

Montana Supreme Court

Decided December 22, 1916No. 3,898PublishedCited by 48 opinions

Appeal from District Court, Broadwater County; John A. Matthews, Judge. Gust Gaimos was convicted of statutory rape; he appeals from the judgment of conviction and an order refusing him a new trial.

1Opinion of the CourtJustice Sanner

The appellant was convicted of statutory rape, and seeks a reversal of the judgment, as well as of an order denying his motion for new trial on these grounds: (I) That he was put in jeopardy upon an information previously filed and dismissed; (II) that the evidence is insufficient; (III) errors of law occurring upon his trial; and (IV) newly discovered evidence.

I. The information upon which this conviction is based was filed February 25, 1916; it charges the appellant with the commission of an act of sexual intercourse with Rita Smith, a female aged thirteen years, on or about April 7, 1915,…

2Cases cited10 opinions

  1. Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
  2. State v. McDonaldMontana Supreme Court · 1915
  3. State v. VinnMontana Supreme Court · 1914
  4. State v. PeresMontana Supreme Court · 1903
  5. State v. DyeWashington Supreme Court · 1914

5 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. State v. JustMontana Supreme Court · 1979
  2. State v. SmithMontana Supreme Court · 1920
  3. State v. SauterMontana Supreme Court · 1951
  4. Barker v. StateIndiana Supreme Court · 1918
  5. State v. AhmedMontana Supreme Court · 1996

43 more not listed; retrieve them via the Exa API.

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