State v. Eschbach
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Conviction for assault. Defendant was tried before Benton, J. Statement of the case by the justice delivering the opinion.
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Appeal from Eighth Judicial District, Cascade County. Conviction for assault. Defendant was tried before Benton, J. Statement of the case by the justice delivering the opinion. The defendant in this case was tried upon an information based upon section 60 of the Criminal Laws, which is as follows: “An assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment…
1Opinion of the CourtDe Witt, J.
It is observed that there are several elements constituting the offense described in section 60 of the Criminal Laws. Those elements are: 1. An assault; 2. That it is with a deadly weapon; 3. That it is with the intent to inflict upon the person of another a bodily injury; 4 a. Either where no considerable provocation appears, or 4 b; Where the circumstances of the assault show an abandoned and malignant heart.
The information charged all the elements of the offense.
There were two counts. The first count charged the offense with the element as noted above under 4 a, and the second *401count…
Also in this document: Concurrence.
2Cases cited2 opinions
- Territory of Montana v. WillardMontana Supreme Court · 1889
- Territory of Montana v. StockerMontana Supreme Court · 1889
3Cited by1 opinion
- State v. District Court of the Third Judicial DistrictMontana Supreme Court · 1907