State v. Gay
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke Cownty. CoNvictioN for murder in the first degree. The defendant was tried before Blake, J. I. Where a party moves for a new trial on the ground of misconduct on the part of the jury, which took place during the trial, he must aver in his motioD, and show affirmatively that he and his counsel were ignorant, until after the jury had retired, of the fact of such misconduct.
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Appeal from First Judicial District, Lewis and Clarke Cownty. CoNvictioN for murder in the first degree. The defendant was tried before Blake, J. I. Where a party moves for a new trial on the ground of misconduct on the part of the jury, which took place during the trial, he must aver in his motioD, and show affirmatively that he and his counsel were ignorant, until after the jury had retired, of the fact of such misconduct. (Thompson & Merriam on Juries, § 428; Territory v. LLart, 7 Mont. 489; Territory v. Burgess, 8 Mont. 58; Territory v. Clayton, 8 Mont. 18; State v. Jackson, 9 Mont. 509;…
1Opinion of the CourtHunt, J.
The defendant, William Gay, was charged with the crime of murder in the first degree. The information alleges that on the 12th of May, 1893, he deliberately and ma*57liciously killed James Macke, by shooting him with a rifle. The defendant was tried and convicted, and is now under sentence of death. He made a motion for a new trial, which was overruled. He appeals from the judgment of conviction and the sentence of death, and from the order overruling the motion for a new trial.
We will first notice the errors urged on argument, and relied upon in the appellant’s brief :
1. The defendant testified…
2Cases cited11 opinions
- Starr v. United StatesSupreme Court of the United States · 1894
- State v. GleimMontana Supreme Court · 1895
- State v. BiggerstaffMontana Supreme Court · 1896
- State v. JacksonMontana Supreme Court · 1890
- Morton v. StateTennessee Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. GreenoMontana Supreme Court · 1959
- State v. CrayNorth Dakota Supreme Court · 1915
- State v. CreanMontana Supreme Court · 1911
- State v. MatkinsMontana Supreme Court · 1912
- State v. StevensonMontana Supreme Court · 1902
18 more not listed; retrieve them via the Exa API.