Legal Opinion

State v. Geddes

Montana Supreme Court

Decided January 23, 1899No. 1308PublishedCited by 49 opinions

Appeal from District Court, Custer Cownty; C. U. Loud, Judge. George S. Geddes was convicted of murder in the second degree, and appeals. The statement of facts appears in the opinion. The question is presented to this court, whether an information charging one simply as principal is sustained by testimony showing, without contradiction, that he was, if anything, only an accessory and was in fact not a principal.

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Appeal from District Court, Custer Cownty; C. U. Loud, Judge. George S. Geddes was convicted of murder in the second degree, and appeals. The statement of facts appears in the opinion. The question is presented to this court, whether an information charging one simply as principal is sustained by testimony showing, without contradiction, that he was, if anything, only an accessory and was in fact not a principal. This question has not been passed upon by the Supreme Court of this State. The court approached its consideration in State v. Gleim, 17 Mont. 17. We now ask the court to take one…

1Opinion of the Court

HUNT, J

The defendant appeals from an order denying his motion for a new trial, and from a judgment of conviction of the crime of murder in the second degree.

*72The defendant, George S. Geddes, and Thomas Welch and Richard Dixon were jointly informed against for the crime of murder. The information charged that on November 4, 1897, at Custer county, this defendant and the other persons above named shot and killed Clemence W. Brown, who is spoken of throughout the record, and whom we shall designate as Winnie Brown. The information is in the usual form of a charge of murder in the first degree.…

2Cases cited20 opinions

  1. State v. AdamsSupreme Court of Kansas · 1878
  2. Thiede v. Utah TerritorySupreme Court of the United States · 1895
  3. People v. . BuchananNew York Court of Appeals · 1895
  4. State v. KentNorth Dakota Supreme Court · 1895
  5. People v. . BlivenNew York Court of Appeals · 1889

15 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. State v. SpicaSupreme Court of Missouri · 1965
  2. Stokley v. StateSupreme Court of Alabama · 1950
  3. State v. FergusonMontana Supreme Court · 2005
  4. State v. Spotted HawkMontana Supreme Court · 1899
  5. State v. AyresIdaho Supreme Court · 1949

44 more not listed; retrieve them via the Exa API.

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