Territory v. Hart
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County. It is error for the court to charge that the use of a deadly weapon, not in necessary self-defense, whereby death ensues, will constitute murder. Donnellan v. Commonwealth, 7 Bush, 676. Also, to charge that if homicide be committed by a deadly weapon, in the previous possession of the accused, the law implies malice.
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Appeal from District Court, Lewis and Clarice County. It is error for the court to charge that the use of a deadly weapon, not in necessary self-defense, whereby death ensues, will constitute murder. Donnellan v. Commonwealth, 7 Bush, 676. Also, to charge that if homicide be committed by a deadly weapon, in the previous possession of the accused, the law implies malice. Smith v. Commonwealth, 1 Duvall, 224. And the error is not cured by giving a correct instruction at the request of either party. Clem v. State, 31 Ind. 480; Bradley v. State, 31 Ind. 492. Instruction of the court as to the…
1Opinion of the CourtMcLeary, J.
The appellant in this case stands charged with the crime of murder in the first degree, for the killing of John W. Pitts, which occurred at the town of Boulder, in Jefferson County, Montana, on the seventh day of November, 188 >. Indictment was found on the fourth day of May, 1886, by a grand jury of said county. The case came on for trial at the October term, 1886, of the district court of Jefferson County, which resulted in a mistrial, the jury failing to agree. The case was after-wards tried by the said court on the seventh day of May, 1887, and the defendant was convicted, and sentenced…
2Cases cited21 opinions
- People v. DoyellCalifornia Supreme Court · 1874
- Bradley v. StateIndiana Supreme Court · 1869
- Jones v. StateTexas Supreme Court · 1854
- Erwin v. StateOhio Supreme Court · 1876
- State v. ElliottSupreme Court of Iowa · 1877
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. FullerMontana Supreme Court · 1906
- State v. BartmessOregon Supreme Court · 1898
- State v. SmithMontana Supreme Court · 1920
- State v. PeelMontana Supreme Court · 1899
- Territory of Montana v. ClaytonMontana Supreme Court · 1888
15 more not listed; retrieve them via the Exa API.