State v. McIlwain
Montana Supreme Court
Appeal from. District Court, Biwine County; Frank E. Cwrleton, Judge. Robert James McIlwain was convicted of the crime of rape, and appeals from an order denying his motion for a new trial.
1Opinion of the CourtChief Justice Brantly
The defendant was convicted of the crime of rape committed upon a girl under the age of eighteen years. He has appealed from an order denying his motion for a new trial. He relies for reversal upon several assignments of error, the principal one being that the verdict is contrary to the evidence. As we have concluded that the court erred in overruling the motion on this ground, it will not be necessary for us to consider any of the other assignments.
We shall not set out the details of the story told by the prosecutrix, because they are so revolting and disgusting that they would serve only to…
2Cases cited1 opinion
- State v. McMillanMontana Supreme Court · 1898
3Cited by8 opinions
- State v. SmithMontana Supreme Court · 1980
- State v. MoeMontana Supreme Court · 1923
- State v. DuncanMontana Supreme Court · 1928
- State v. WilsonMontana Supreme Court · 1926
- State v. BreedingMontana Supreme Court · 1925
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