State v. Nicholas
Montana Supreme Court
Appeal from District Court, Chouteau County; John W. Rattan, Judge. Martin Nicholas was convicted of the crime of rape and appeals from the judgment of conviction.
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Appeal from District Court, Chouteau County; John W. Rattan, Judge. Martin Nicholas was convicted of the crime of rape and appeals from the judgment of conviction. Pleas of guilty entered by defendants after having entered a plea of not guilty, and during the progress of the trial, or after the close of the state’s case, should be received with caution by the court, and only after the defendant has been fully examined so as to ascertain whether or not he fully understands the purpose, meaning and result of such action on his part. And this is particularly true when such defendant is a…
1Opinion of the CourtJustice Smith
On the 13th day of December, 1911, about 6:30 P. M., the defendant called at the home of the prosecuting witness, near Chinook, and asked her mother if he might stay all night. Permission being given, about 9 o’clock all retired. The father and mother of the prosecutrix occupied one room, the defendant another, and prosecutrix and her eight year old sister a third, all on the same floor. An hour or so later the mother went into her daughter’s room and found her and the defendant occupying the former’s bed. The defendant thereupon arose from the bed and sat upon its edge. The mother was…
2Cited by17 opinions
- Kercheval v. United StatesSupreme Court of the United States · 1927
- United States v. ColonnaCourt of Appeals for the Third Circuit · 1944
- State v. McAllisterMontana Supreme Court · 1934
- State v. NanceMontana Supreme Court · 1947
- State Ex Rel. Foot v. District CourtMontana Supreme Court · 1928
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