State v. Malish
Montana Supreme Court
Appeal from, the Ninth Judicial District, Gallatin County: Conviction for forgery. Defendant was tried before Abm> stiiong, J. Statement of the case by the justice delivering the opinion: This is an appeal by the defendant from a judgment sentencing him to a term of fifteen months in the penitentiary. The record on appeal contains simply the information, the verdict, and the judgment. There was no demurrer to the information, or motion to quash the same.
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Appeal from, the Ninth Judicial District, Gallatin County: Conviction for forgery. Defendant was tried before Abm> stiiong, J. Statement of the case by the justice delivering the opinion: This is an appeal by the defendant from a judgment sentencing him to a term of fifteen months in the penitentiary. The record on appeal contains simply the information, the verdict, and the judgment. There was no demurrer to the information, or motion to quash the same. There was no motion for new trial and no motion in arrest of judgment. There is no allegation in the information as to whether the uttered…
1Opinion of the CourtDe Witt, J.
— Upon this appeal defendant’s counsel argue that the information does not state facts sufficient to constitute an offense. The defects, which he urges exist in the information, are such as appear upon the face thereof, if at all.
It was said in Territory v. Carland, 6 Mont. 18, as follows: “Our criminal law provides as follows: ‘A defendant who has failed to demur to an indictment for any of the defects appearing upon its face shall be deemed to have waived the same, except the defects that the court has no jurisdiction over the same, or that the indictment does not state facts sufficient to…
2Cases cited8 opinions
- People v. TomlinsonCalifornia Supreme Court · 1868
- State v. RyanSupreme Court of Minnesota · 1868
- Territory of Montana v. HannaMontana Supreme Court · 1884
- State v. HudsonMontana Supreme Court · 1893
- State v. NorthrupMontana Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. SedamIdaho Supreme Court · 1940
- State v. HinckleyIdaho Supreme Court · 1895
- State ex rel. Rosenstein v. District CourtMontana Supreme Court · 1910