State v. Powell
Montana Supreme Court
Appeal from District Court, Silver Bow County; John V. Dwyer, Judge. Sherman A. Powell was convicted of murder in the first degree, and, from the judgment and an order denying new trial, he appeals.
1Opinion of the CourtJustice Holloway
Sherman A. Powell was convicted of murder in the first degree, and appeals from the judgment and from an order denying him a new trial.
1. The court sustained an objection to a question asked the [1] witness Yammer, but later the witness was recalled, the question repeated, and then answered fully. No prejudice resulted from the first ruling, even if it was erroneous, which -we do not concede. (State v. Tudor, 47 Mont. 185, 131 Pac. 632; State v. Booth, 46 Mont. 334, 127 Pac. 1017.),
*2192. Error is predicated upon the refusal of the court to give defendant’s requested instructions 1 and 2, as…
2Cases cited9 opinions
- State v. PeelMontana Supreme Court · 1899
- State v. CreanMontana Supreme Court · 1911
- State v. FelkerMontana Supreme Court · 1903
- State v. LeakeyMontana Supreme Court · 1911
- State v. GordonMontana Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. PorterMontana Supreme Court · 1952
- Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- State v. FrancisMontana Supreme Court · 1920
- State v. KuumMontana Supreme Court · 1919
- State v. SchleiningMontana Supreme Court · 1965
9 more not listed; retrieve them via the Exa API.