State v. Lee
Montana Supreme Court
Appeal from Fourth Judicial District, Missoula County. Conviction for larceny. The defendant was tried before Woody, J. Statement of the case by the justice delivering the opinion: The appellant, the defendant, appeals from a judgment rendered upon a conviction on the charge of grand larceny. Upon the trial the prosecuting witness was absent. His name was Charles Peterson.
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Appeal from Fourth Judicial District, Missoula County. Conviction for larceny. The defendant was tried before Woody, J. Statement of the case by the justice delivering the opinion: The appellant, the defendant, appeals from a judgment rendered upon a conviction on the charge of grand larceny. Upon the trial the prosecuting witness was absent. His name was Charles Peterson. He was the person who owned the money which was the subject of the larceny, and from whose possession it was taken. The state offered testimony to show that said Peterson was not within the jurisdiction. John Nelson, a…
1Opinion of the CourtDeWitt, J.
Section 16, article III, of the constitution is in part as follows: “In all criminal prosecutions accused shall have the right to appear and defend/in pern and by counsel; to demand the nature and cause the,,/Accusation; to meet the witnesses against him face to/? .
We find in the Criminal Practice Act the/folIoWing provisions: “Sec. 9. In a criminal action ,the defendant is entitled: .... 3. To produce witnesses in bis behalij and to be confronted with witnesses against lian, in the presence of the court.”
In this case this constitutional and statutory right of defendant was wholly denied.
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2Cases cited1 opinion
- Bergen v. PeopleIllinois Supreme Court · 1856
3Cited by5 opinions
- State v. VanellaMontana Supreme Court · 1910
- State v. ByersMontana Supreme Court · 1895
- State v. BudgeSupreme Judicial Court of Maine · 1928
- State v. StormMontana Supreme Court · 1954
- State v. StormMontana Supreme Court · 1954