State v. Brett
Montana Supreme Court
Appeal from. First Judicial District, Lewis and Clarke County. Conviction for forgery. The defendant was tried before Blake, J. Statement of the case by the justice delivering the opinion. Defendant appeals from a conviction of forgery.
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Appeal from. First Judicial District, Lewis and Clarke County. Conviction for forgery. The defendant was tried before Blake, J. Statement of the case by the justice delivering the opinion. Defendant appeals from a conviction of forgery. The information charged that the defendant “having then and there in his possession a certain writing and warrant of the city of Helena for the payment of money, of the tenor following, to wit: “ ‘$7.50. Helena, Montana, Oct. 1, 1894. ‘ ‘ ‘The treasurer of the city of Helena, Montana, will pay to the order of H. Mitchell seven 50-100 dollars for labor, out of…
1Opinion of the CourtHunt, J.
It appears by the record that the information upon which the defendant was convicted of the crime of forgery was filed by leave of court. Nevertheless, it is argued, a prosecution by information, where there has been no preliminary examination, is illegal, and a violation of constitutional rights. Const. , art. Ill, § 8, expressly provides that “all criminal actions in the district court, except those on appeal, shall be *364prosecuted by information, after examination and commitment by a magistrate, or after leave granted by the court, or shall be prosecuted by indictment, without such…
2Cases cited15 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Missouri v. LewisSupreme Court of the United States · 1880
- Hallinger v. DavisSupreme Court of the United States · 1892
- Leeper v. TexasSupreme Court of the United States · 1891
- People v. EvansMichigan Supreme Court · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. McCreaMichigan Supreme Court · 1942
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- State ex rel. Corry v. CooneyMontana Supreme Court · 1924
- State v. VinnMontana Supreme Court · 1914
- State v. MartinMontana Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.