State v. Stein
Montana Supreme Court
Appeal from District Court, Custer County, in the Sixteenth Judicial District; C. C. Hurley, Judge of the Seventh District, presiding. Henry Stein was convicted of violating the prohibition law, and from an order granting new trial, the state appeals.
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Appeal from District Court, Custer County, in the Sixteenth Judicial District; C. C. Hurley, Judge of the Seventh District, presiding. Henry Stein was convicted of violating the prohibition law, and from an order granting new trial, the state appeals. Where a witness upon whose testimony the state’s case is dependent has been promised money by the prosecution for testifying, or where he has been arrested and imprisoned and is promised his liberty if he testifies, and those .facts were unknown to the defendant at the time of trial, it is ground for a new trial when discovered and presented on…
1Opinion of the Court
MR. COMMISSIONER SPENCER
prepared the opinion for the court.
The defendant was convicted in the district court of Custer county of a violation of the prohibition law. Subsequently his motion for a new trial was granted, and the state has appealed from that order.
It appears in the evidence that at various times between January 21 and February 1, 1919, one Charles Marsant had gone to the store of the defendant in Miles City and purchased liquor. These various transactions were consummated by the ingenious method of the purchaser laying his money on the counter and the defendant placing the…
2Cases cited5 opinions
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Siemsen v. Oakland, San Leandro, & Haywards Electric RailwayCalifornia Supreme Court · 1901
- State v. MatkinsMontana Supreme Court · 1912
- State v. BellandMontana Supreme Court · 1921
- Currey v. Butte Electric Ry. Co.Montana Supreme Court · 1921
3Cited by6 opinions
- State v. SantiagoHawaii Supreme Court · 1971
- Marcellus v. WrightMontana Supreme Court · 1923
- Williams v. GrayMontana Supreme Court · 1921
- State v. BoykinIdaho Supreme Court · 1925
- State v. ColoffMontana Supreme Court · 1951
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