Legal Opinion
State v. Cunningham
Montana Supreme Court
Decided May 2, 1975No. 12846PublishedCited by 8 opinions
1Opinion of the CourtJustice Haswell
The question in this case is whether further prosecution is barred by the double jeopardy provisions of the United States and Montana Constitutions. The district court held it was. We reverse.
On August 24, 1973, defendant Clancy Cunningham was charged with first degree assault arising out of the alleged stabbing of one Larry Catlin. Defendant entered a plea of “not guilty”. The case was set for trial on March 21, 1974, in the district court of Yellowstone County.
On the trial date, a jury was duly selected and sworn. The district judge then read a general omnibus jury instruction without…
2Cases cited10 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Duncan v. LouisianaSupreme Court of the United States · 1968
- United States v. JornSupreme Court of the United States · 1971
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. BallSupreme Court of the United States · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Crist v. BretzSupreme Court of the United States · 1978
- Bretz v. CristCourt of Appeals for the Ninth Circuit · 1976
- State v. ClineMontana Supreme Court · 1976
- State Ex Rel. Bretz v. Sheriff of Lewis & Clark CountyMontana Supreme Court · 1975
- State v. HagerudMontana Supreme Court · 1977
3 more not listed; retrieve them via the Exa API.