State v. Hedican
Montana Supreme Court
Appeal from District Court, E erg us County; E. K. Cheadle, Judge. Barney Hedican, convicted of grand larceny, appeals from the judgment.
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Appeal from District Court, E erg us County; E. K. Cheadle, Judge. Barney Hedican, convicted of grand larceny, appeals from the judgment. If the state relied upon the alleged stipulation, it should have had it put in writing, or at least called the attention of the court to it and had it entered upon the minutes, so that there could be no misunderstanding as to the terms of the alleged stipulalation, and, in the second place, the defendant maintains that he could not be bound as to any stipulation on the part of counsel agreeing to waive his constitutional right to be confronted with the…
1Opinion of the CourtJustice Smith
The defendant in this case was convicted in the district court of Fergus county of the crime of grand larceny, to-wit, horse-stealing. Prior to his trial he presented a motion for a change of venue, based upon certain affidavits, to the effect that on account of the publicity that had been given to his case in a cer*384tain local newspaper, and the prejudice that existed in the community against the particular crime with which he was charged, he could not have a fair and impartial trial. This motion was denied by the trial court, and defendant assigns the action as error.
It might suffice to say…