State v. Lucey
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Daniel Lucey was convicted of murder in the first degree, and he appeals. Statement of the Case. On July 1, 1899, in the district court of Silver Bow county, the defendant, Daniel Lucey, was found guilty of murder of the first degree, and on September 26, thereafter was condemned to death. From the judgment and an order denying him a new trial, he has appealed.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. Daniel Lucey was convicted of murder in the first degree, and he appeals. Statement of the Case. On July 1, 1899, in the district court of Silver Bow county, the defendant, Daniel Lucey, was found guilty of murder of the first degree, and on September 26, thereafter was condemned to death. From the judgment and an order denying him a new trial, he has appealed. The evidence disclosed by the record tending to connect defendant with the homicide is entirely circumstantial, but no contention is made that it is not amply…
1Opinion of the CourtChief Justice Brantly
1. Exception is taken to the action of the court in permitting the witness, Kate Began, the sister-in-law of deceased, to state, over the objection of defendant, how much money the deceased had on deposit in the bank, and what evidence he *299held of such deposit. The theory of the state was that the homicide was committed for the purpose of robbery. The evidence on the part of the state up to this point tended to establish this theory. It showed that defendant and deceased had been engaged in the afternoon of September 2d, in preparing for their proposed journey to Idaho; that the defendant…
2Cases cited17 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- McAdory v. StateSupreme Court of Alabama · 1878
- People v. PotterMichigan Supreme Court · 1858
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Commonwealth v. GeaganMassachusetts Supreme Judicial Court · 1959
- State v. VanellaMontana Supreme Court · 1910
- State v. DixsonMontana Supreme Court · 1927
- State v. TigheMontana Supreme Court · 1903
- State v. ByrdMontana Supreme Court · 1910
24 more not listed; retrieve them via the Exa API.