Territory of Montana v. Bryson
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. The defendant was tried before McCoNNELL, C. J. A motion for a new trial was refused by Blake, C. J. The court erred in refusing to permit counsel for the defendant to inquire of the juror, Hopps, and other jurors, as to the extent of the opinion he and they had formed, and the amount of evidence it would require to override such an opinion.
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Appeal from First Judicial District, Lewis and Clarke County. The defendant was tried before McCoNNELL, C. J. A motion for a new trial was refused by Blake, C. J. The court erred in refusing to permit counsel for the defendant to inquire of the juror, Hopps, and other jurors, as to the extent of the opinion he and they had formed, and the amount of evidence it would require to override such an opinion. (Stephens v. People, 38 Mich. 741.) The judge was equally in the wrong in overruling the challenge on the showing as it stood; he should further have found whether or not the juror was…
1Opinion of the CourtLiddell, J.
The defendant was indicted, tried, and convicted of murder in the first degree, and sentenced to be hung. From an order overruling a motion for a new trial, as well as from the judgment, he prosecutes the present appeal.
No objections appear in the record to the judgment, which we may say, after a careful examination, is completely responsive to the indictment, and we dismiss the subject with this statement.
We now address ourselves to the errors complained of in the motion for a new trial, and for convenience will consider them in the order in which they appear in the motion, reserving,…
2Cases cited7 opinions
- Spies v. IllinoisSupreme Court of the United States · 1887
- People v. KingCalifornia Supreme Court · 1865
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Tucker v. JonesMontana Supreme Court · 1888
- People v. HodgdonCalifornia Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. GreenoMontana Supreme Court · 1959
- State v. O'NeilIdaho Supreme Court · 1913
- State v. MegordenOregon Supreme Court · 1907
- Martin v. CorscaddenMontana Supreme Court · 1906
- State v. MatkinsMontana Supreme Court · 1912
10 more not listed; retrieve them via the Exa API.