Legal Opinion

State v. Kuum

Montana Supreme Court

Decided January 31, 1919No. 4,264PublishedCited by 18 opinions

Appeal from District Court, Mineral County; Theo. Lentz, Judge. Alex Kuum was convicted of murder in the second degree, and from the judgment and an order denying a new trial he appeals. In the absence of any evidence aside from the shooting, assuming defendant fired the shot, there are only three possible conclusions, — intentional killing, negligent killing, accidental or unintentional killing.

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Appeal from District Court, Mineral County; Theo. Lentz, Judge. Alex Kuum was convicted of murder in the second degree, and from the judgment and an order denying a new trial he appeals. In the absence of any evidence aside from the shooting, assuming defendant fired the shot, there are only three possible conclusions, — intentional killing, negligent killing, accidental or unintentional killing. The first, we submit, is fully rebutted by the facts; negligence will not be presumed, and if it should be, then the crime resulting from the negligent" use of a gun would be manslaughter and not…

1Opinion of the CourtChief Justice Brantly

The defendant, Alex Kuum, was convicted of the crime of murder in the second degree and sentenced to a term of imprisonment in the state prison. He appeals from the judgment and an order denying him a new trial.

The first contention made in his behalf is that the evidence was insufficient to justify the verdict (1) in that, though that *440introduced by the state showed that the defendant shot and killed the deceased, it also showed that the killing was accidental and therefore excusable; and (2) that, though it be conceded that the killing was not excusable, the evidence from any point of view…

2Cases cited7 opinions

  1. State v. Spotted HawkMontana Supreme Court · 1899
  2. State v. PeelMontana Supreme Court · 1899
  3. State v. FisherMontana Supreme Court · 1900
  4. State v. BarryMontana Supreme Court · 1912
  5. State v. LeakeyMontana Supreme Court · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. GondeiroMontana Supreme Court · 1928
  2. State v. CatesMontana Supreme Court · 1934
  3. State v. GratzerMontana Supreme Court · 1984
  4. State v. BessMontana Supreme Court · 1921
  5. State v. GunnMontana Supreme Court · 1929

13 more not listed; retrieve them via the Exa API.

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