State v. Suitor
Montana Supreme Court
Appeal from District Court, Fergus County; E. K. Cheadle, Judge. StephenE. Suitor was convicted of murder in the first degree, and appeals from the judgment and an order denying his motion for a new trial. The verdict is contrary to law. It fails to find the degree of crime of which the defendant was found guilty, and failure to designate the degree of crime vitiates the verdict, and no judgment could be legally rendered thereon.
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Appeal from District Court, Fergus County; E. K. Cheadle, Judge. StephenE. Suitor was convicted of murder in the first degree, and appeals from the judgment and an order denying his motion for a new trial. The verdict is contrary to law. It fails to find the degree of crime of which the defendant was found guilty, and failure to designate the degree of crime vitiates the verdict, and no judgment could be legally rendered thereon. (Territory v. Stears, 2 Mont. 324; People v. Marquis, 15 Cal. 38; People v. Campbell, 40 Cal. 129; People v. O’Neil, 78 Cal. 388, 20 Pae. 705; Kearney v. People, 11…
1Opinion of the CourtChief Justice Brantly
The defendant was convicted of murder in the first degree and ■sentenced to undergo punishment by confinement in the state prison for life. He has appealed from the judgment and an order denying him a new trial. Two contentions are made in his behalf, viz.: That the evidence is insufficient to justify the verdict, and that the verdict is contrary to law.
The evidence is entirely circumstantial. The defendant at the time of the homicide was residing alone in a cabin a few miles northeast of the village of Giltedge, in Fergus county. He was *34the owner of cattle which ranged over the mountains to…
2Cases cited10 opinions
- Bryant v. StateSupreme Court of Alabama · 1897
- State v. McCarthyMontana Supreme Court · 1907
- State v. AsbellSupreme Court of Kansas · 1896
- State v. AllenMontana Supreme Court · 1906
- State v. LuceyMontana Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Reyes v. StateNebraska Supreme Court · 1949
- Gardner v. StateWyoming Supreme Court · 1921
- State v. RiggsMontana Supreme Court · 1921
- State v. SieffMontana Supreme Court · 1917
- State v. ChevignyMontana Supreme Court · 1914
18 more not listed; retrieve them via the Exa API.