State v. Rees
Montana Supreme Court
Appeal from District Court, Lewis and Ciarle County; J. M. Clements, Judge. William Rees was convicted of second degree murder, and from the judgment and an order denying him a new trial- he appeals.
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Appeal from District Court, Lewis and Ciarle County; J. M. Clements, Judge. William Rees was convicted of second degree murder, and from the judgment and an order denying him a new trial- he appeals. We find no allegation in this information that there existed any duty on the part of defendant to care for or protect the deceased from the inclemency of the weather, nor any allegation of any relationship between defendant and deceased from which such duty would arise under the law. If no duty is alleged, no proof could have been introduced showing its violation, and therefore no criminal…
1Opinion of the CourtJustice Smith
The charging part of the information in this case is thus summarized by defendants’ counsel in their brief: “That he beat, *575bruised, and assaulted Sarah Bees, violently threw her to the-ground, pulled her around by the hair of her head and otherwise committed grievous assaults upon her person, until she became unconscious; that he then permitted her to lie on the-ground exposed to the frost and inclemency of the weather, and neglected and refused to provide her with necessary clothing,, shelter, and protection, by reason of which assault and exposure-Sarah Bees died. ’ ’'
1. We think the court…
2Cases cited10 opinions
- Bullock v. StateSupreme Court of New Jersey · 1900
- Drury v. Territory of OklahomaSupreme Court of Oklahoma · 1900
- Barth v. StateCourt of Criminal Appeals of Texas · 1898
- State v. FinchSupreme Court of Kansas · 1905
- People v. RodriguezCalifornia Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. SimantonMontana Supreme Court · 1935
- State Ex Rel. Kuntz v. Montana Thirteenth Judicial District CourtMontana Supreme Court · 2000
- State v. McSloyMontana Supreme Court · 1953
- Jones v. StateIndiana Supreme Court · 1942
- State Ex Rel. Kuntz v. Montana Thirteenth Judicial District CourtMontana Supreme Court · 2000
1 more not listed; retrieve them via the Exa API.