State v. Byrd
Montana Supreme Court
Appeal from District Court, Carbon County; Sydney Fox, Judge. Frederick Byrd was convicted of murder in the second degree, and appeals from the judgment and an order denying him a new trial. The court erred in excusing witness Salminen. Trial courts are not at liberty to exercise their caprice in excusing jurors from ' the trial of a case on the drawing of their names. (State v. Mc-Hatton, 10 Mont. 370, 25 Pac. 1046; Boles v. State, 24 Miss. 445; Williams y.
Read the full summary
Appeal from District Court, Carbon County; Sydney Fox, Judge. Frederick Byrd was convicted of murder in the second degree, and appeals from the judgment and an order denying him a new trial. The court erred in excusing witness Salminen. Trial courts are not at liberty to exercise their caprice in excusing jurors from ' the trial of a case on the drawing of their names. (State v. Mc-Hatton, 10 Mont. 370, 25 Pac. 1046; Boles v. State, 24 Miss. 445; Williams y. State, 32 Miss. 389, 66 Am. Dee. 615; Finn v. State, 5 Ind. 400; Meyers y. State, 20 Ind. 511; Van Blaricum v. People, 16 Id. 364, 63…
1Opinion of the CourtJustice Smith
The defendant was charged by information with the crime of murder, convicted of murder in the second degree, and sentenced to a term of twenty-five years in the state prison. He appeals from the judgment of the court and also from an order overruling his motion for a new trial.
The brief of counsel for the appellant is prefaced with a sort of apology for the manner in which the transcript is prepared. This was unnecessary. We have had no difficulty in ascertaining what alleged errors are relied on. It should be, and is, the policy of this court to so liberally construe rules of practice and of…
2Cases cited19 opinions
- Keaton v. StateCourt of Criminal Appeals of Texas · 1900
- State v. VanellaMontana Supreme Court · 1910
- State v. TigheMontana Supreme Court · 1903
- State v. PowerWashington Supreme Court · 1901
- Territory of Montana v. McAndrewsMontana Supreme Court · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. FitzpatrickMontana Supreme Court · 1980
- State v. JonesMontana Supreme Court · 1914
- Emmett v. StateSupreme Court of Georgia · 1943
- State v. CreanMontana Supreme Court · 1911
- State v. StraightMontana Supreme Court · 1959
36 more not listed; retrieve them via the Exa API.