State v. Gleim
Montana Supreme Court
Appeal from, Fourth Judicial District, Missoula County. Conviction for assault with intent to commit murder. The defendant was tried before Woody, J. There is no provision in the Criminal Practice Act authorizing a defendant to be charged, tried or convicted as an accessory before the fact.
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Appeal from, Fourth Judicial District, Missoula County. Conviction for assault with intent to commit murder. The defendant was tried before Woody, J. There is no provision in the Criminal Practice Act authorizing a defendant to be charged, tried or convicted as an accessory before the fact. Nor is there any provision contained therein authorizing one who, not being present, aids and encourages the commission of the crime, being tried in any other character than that of principal. The indictment does not charge that the appellant committed the crime of assault with intent to murder. For this…
1Opinion of the CourtHunt, J.
Patrick Mason, Mary Gleim, and William Reed were jointly indicted for an assault, with intent to commit murder, upon one Burns. Appellant, Mary Gleim, was separately tried after Mason had been convicted. She was found guilty, and sentenced to the penitentiary for fourteen years.
1. Appellant contends that the indictment will not support a verdict and judgment of guilty, ‘ ‘ because it nowhere charges that said Mary Gleim committed the crime of assault with intent to murder. ’ ’ The material charging parts of the indictment are as follows : “ That one Patrick Mason, late of the county of…
2Cases cited15 opinions
- Studstill v. StateSupreme Court of Georgia · 1849
- People v. RozelleCalifornia Supreme Court · 1888
- Clare v. PeopleSupreme Court of Colorado · 1886
- Bressler v. PeopleIllinois Supreme Court · 1886
- Territory of Montana v. McAndrewsMontana Supreme Court · 1878
10 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- People v. WilliamsNew York Court of Appeals · 1959
- State v. McKenzieMontana Supreme Court · 1976
- State v. ShannonMontana Supreme Court · 1933
- State v. BlydenburgSupreme Court of Iowa · 1907
- State v. CohenSupreme Court of Iowa · 1899
41 more not listed; retrieve them via the Exa API.