State v. Howell
Montana Supreme Court
Appeal from District Courts Parle County, Franle PLenry, Judge. Ed. Howell was convicted of assault in the third degree, and from a judgment rendered on the verdict, and an order denying a motion for a new trial, he appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Courts Parle County, Franle PLenry, Judge. Ed. Howell was convicted of assault in the third degree, and from a judgment rendered on the verdict, and an order denying a motion for a new trial, he appeals. Statement of the case by the justice delivering the opinion. The defendant was tried in the district court of Park county under an information charging him with an assault in the second degree, committed upon one J. W. Guilford on the 3d day of February, 1897, by beating the said Guilford with a pistol. The jury found the defendant guilty of an assault in the third…
1Opinion of the CourtPemberton, C. J.
The only errors assigned by counsel are directed to the giving and refusing of instructions by the district court at the trial.
The court gave'the following instructions: “No. 14. By *168‘possession’ is not meant a mere temporary and passing occupancy of lands or tenements, but must be of a lasting, permanent, or substantial nature. A person entering on lands during the temporary absence of the owner or person in possession does not thereby acquire a possession of the premises or lands so entered upon. No. 15. If you find from the evidence of the case the witness Guilford was in possession of the…
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