Territory of Montana v. Stocker
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. The defendant was tried before De Wolfe, J., without a jury. The Territory appeals from an order sustaining the plea of a former conviction. The defendant was indicted for an assault with a deadly weapon. He plead in bar to the indictment a conviction for exhibiting a deadly weapon in a rude, or angry, or threatening manner. The indictment is for felony.
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Appeal from, Second Judicial District, Silver Bow County. The defendant was tried before De Wolfe, J., without a jury. The Territory appeals from an order sustaining the plea of a former conviction. The defendant was indicted for an assault with a deadly weapon. He plead in bar to the indictment a conviction for exhibiting a deadly weapon in a rude, or angry, or threatening manner. The indictment is for felony. The plea is of a conviction for a misdemeanor in the court of a justice of the peace. The Justice’s Court had no jurisdiction to try a felony, as is the offense charged in the…
1Opinion of the CourtLiddell, J.
The defendant was indicted for an assault with a dangerous weapon, to wit, a pistol, with intent to inflict a bodily injury upon the person of another. Upon arraignment, he plead in bar a former conviction, and that he had once been in jeopardy for the same acts and offenses set forth in the indictment. The matter was tried before thecourt without a jury; and from an order sustaining the plea, and discharging the defendant, the Territory duly excepted, and appeals the case to this court.
In the case of the Territory v. Laun, 8 Mont. 328, we held that no appeal would be allowed from a question…
2Cases cited2 opinions
- Territory of Montana v. WillardMontana Supreme Court · 1889
- Territory of Montana v. DooleyMontana Supreme Court · 1882
3Cited by6 opinions
- State v. ReiffWashington Supreme Court · 1896
- State v. ElliottWashington Supreme Court · 1912
- Marriage of Gochanour v. GochanourMontana Supreme Court · 2000
- State v. EnglishMontana Supreme Court · 1894
- State v. EschbachMontana Supreme Court · 1893
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