State v. Guerin
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. O. F. Guerin, charged with the commission of the infamous crime against nature, interposed a general demurrer, which was sustained. The state appealed. Citing Uonselman v. People, 168 111. 172, 48 N. E. 304; Kelly v. People, 192 111. 119, 85 Am.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. O. F. Guerin, charged with the commission of the infamous crime against nature, interposed a general demurrer, which was sustained. The state appealed. Citing Uonselman v. People, 168 111. 172, 48 N. E. 304; Kelly v. People, 192 111. 119, 85 Am. St. Rep. 323, 61 N. E. 425; Means v. State, 125 Wis. 650,104 N. W. 815; State v. McGruder, 125 Iowa, 741, 101 N. W. 646; Commonwealth v. Dill, 160 Mass. 536, 36 N. E. 472. In Prindle v. State, 31 Tex. Cr. 551, 37 Am. St. Rep. 833, 21 S. W. 360, the supreme court appears to hold…
1Opinion
On Motion for Rehearing.
2Opinion of the CourtChief Justice Brantly
In his petition for a rehearing, counsel for the defendant earnestly insists that the court fell into error in reversing the *256judgment, and, to support this contention, cites section 9412 of [2] the Eevised Codes, relating to argument on appeals in criminal cases, which declares: “The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear.” In his argument submitted with the petition he says, “The language of the above section is too plain to admit of construction,” and then proceeds to…
3Cases cited8 opinions
- State v. CreanMontana Supreme Court · 1911
- State v. HayesMontana Supreme Court · 1909
- State v. McGowanMontana Supreme Court · 1908
- State v. NielsonMontana Supreme Court · 1909
- State v. ChandonetteMontana Supreme Court · 1890
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