Legal Opinion

State v. Hanlon

Montana Supreme Court

Decided April 5, 1909No. 2,626PublishedCited by 30 opinions

Appeal from, District Court, Park County; Sydney Pox, Judge. Barney Hanlon was convicted of murder in the second degree, and appeals from .the judgment of conviction and from an order refusing him a new trial. The court erred in excluding the evidence relative to what occurred in the Wellcome saloon on the night preceding the homicide.

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Appeal from, District Court, Park County; Sydney Pox, Judge. Barney Hanlon was convicted of murder in the second degree, and appeals from .the judgment of conviction and from an order refusing him a new trial. The court erred in excluding the evidence relative to what occurred in the Wellcome saloon on the night preceding the homicide. Even if the transaction there had been an independent transaction, and had not been referred to by the deceased as a threat against the defendant, and had stood alone, disassociated from any occurrence upon the ditch, it would nevertheless, under the modern and…

1Opinion of the CourtChief Justice Brantly

The defendant was convicted of murder in the second degree. He appealed from the judgment and an order denying his motion for a new trial.

The homicide occurred about 11:30 o ’clock on the morning of June 6, 1907, at Jardine, in Park county. A few minutes prior to its occurrence the defendant was walking along the principal street of the village in company with one Aeklemire. He was armed with a pistol, which he carried in a scabbard partly covered by his coat. The weapon was not concealed otherwise, and the fact that he had it was apparent to a casual observer. As he and his companion passed…

2Cases cited19 opinions

  1. Thomas v. . PeopleNew York Court of Appeals · 1876
  2. People v. CraigCalifornia Supreme Court · 1896
  3. Kipp v. SilvermanMontana Supreme Court · 1901
  4. State v. DavisIdaho Supreme Court · 1898
  5. Boyle v. StateIndiana Supreme Court · 1884

14 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. State v. CariSupreme Court of Connecticut · 1972
  2. State v. JonesMontana Supreme Court · 1914
  3. State v. FarnsworthIdaho Supreme Court · 1932
  4. Mary P. Reynolds v. United StatesCourt of Appeals for the Ninth Circuit · 1956
  5. State v. RathboneMontana Supreme Court · 1940

25 more not listed; retrieve them via the Exa API.

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