State v. Bess
Montana Supreme Court
Appeals from District Court, Stillwater County; Albert P. Starh, Judge. Elijah Bess was convicted of murder in tbe first degree, and appeals from the judgment and order denying a new trial. The petition of the defendant for a change of venue should have been granted and the cause transferred to some county where prejudice did not exist and where a fair and impartial trial could have been had.
Read the full summary
Appeals from District Court, Stillwater County; Albert P. Starh, Judge. Elijah Bess was convicted of murder in tbe first degree, and appeals from the judgment and order denying a new trial. The petition of the defendant for a change of venue should have been granted and the cause transferred to some county where prejudice did not exist and where a fair and impartial trial could have been had. (Rev. Codes, see. 9219; State v. Spotted, Hawk, 22 Mont. 33, 55 Pac. 1026; People v. Suesser, 132 Cal. 631, 64 Pae. 1095.) The court erred in permitting Doctor Smith to read into the record medical…
1Opinion of the CourtJustice Cooper
Appeals from the judgment and order denying a new trial. The defendant was tried in the district court of Stillwater *565county and convicted of murder in the first degree, the jury fixing his punishment at imprisonment in the state penitentiary for life.
From defendant’s 'brief, we take the following statement of the facts: “On the morning of July 5, Lyons and his hired man went to work on a fence belonging to Lyons, which ran north and south, and then east and west, on the lands belonging to Lyons, and situate north of the defendant’s place of residence. Lyons was engaged in removing wire from…
2Cases cited6 opinions
- People v. . FaberNew York Court of Appeals · 1910
- Hess v. LowreyIndiana Supreme Court · 1890
- Schumacher v. Murray HospitalMontana Supreme Court · 1920
- State v. DavisMontana Supreme Court · 1921
- State v. KuumMontana Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. BischertMontana Supreme Court · 1957
- State v. WhiteMontana Supreme Court · 1965
- State v. BashorMontana Supreme Court · 1980
- State v. BoardMontana Supreme Court · 1959
- Lewis v. JohnsonCalifornia Supreme Court · 1939
18 more not listed; retrieve them via the Exa API.