State v. Sheldon
Montana Supreme Court
Appeal from District Court, Lewis and, Clark County; J. M. Clements, Judge. Chauncey A. Sheldon was convicted of mayhem, and from the judgment and order denying him a new trial he appeals. The court’s instructions on the burden of proof on the question of insanity were erroneous and conflicting.
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Appeal from District Court, Lewis and, Clark County; J. M. Clements, Judge. Chauncey A. Sheldon was convicted of mayhem, and from the judgment and order denying him a new trial he appeals. The court’s instructions on the burden of proof on the question of insanity were erroneous and conflicting. It is well settled in this state that when conflicting propositions of law are given to a jury on a material point, one of which is correct and the other incorrect, as here, the error is fatal. (State v. Peel, 23 Mont. 358, 75 Am. St. Rep. 529, 59 Pac. 169; State v. McClellan, 23 Mont. 532, 75 Am. St.…
1Opinion of the CourtJustice Sanner
On and prior to November 15,1915, Chauneey A. Sheldon, with his wife, kept an employment office in the city of Helena. On the night of that day Sheldon encountered one T. M. Gerety in the office, seized Gerety, bound him, and deprived him of his right testicle. Sheldon claims that Gerety had been infesting the ofSce, courting Mrs. Sheldon, taking her to shows and upon picnics; that he had been told of Gerety’s borrowing money from Mrs. Sheldon and from the oldest Sheldon girl; had heard of a design by Gerety to burn the Sheldon home, and believed that Gerety was trying to induce Mrs. Sheldon…
2Cases cited6 opinions
- State v. PeelMontana Supreme Court · 1899
- State v. CreanMontana Supreme Court · 1911
- State v. LeakeyMontana Supreme Court · 1911
- Kitchens v. StateSupreme Court of Georgia · 1888
- State v. HalkMontana Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tanner v. SmithMontana Supreme Court · 1934
- State v. BainMontana Supreme Court · 1956
- The People v. KopkeIllinois Supreme Court · 1941
- State v. BainMontana Supreme Court · 1956