Territory of Montana v. Milroy
Montana Supreme Court
Appeal from, the Second Judicial District, Silver Bow County. The opinion states the points involved. The demurrer to the indictment is not well taken. It is based upon three grounds, viz.: (1) Ambiguity in reciting an attempt to assault, and in charging an attempt to commit murder. (2) That no public offense is charged in the indictment.
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Appeal from, the Second Judicial District, Silver Bow County. The opinion states the points involved. The demurrer to the indictment is not well taken. It is based upon three grounds, viz.: (1) Ambiguity in reciting an attempt to assault, and in charging an attempt to commit murder. (2) That no public offense is charged in the indictment. (3) That more than one offense is charged in said indictment, to wit, an assault with intent to do great bodily harm, or a violent injury, and an attempt to assault with intent to commit murder, and an assault with intent to commit murder. Ambiguity is…
1Opinion of the CourtBach, J.
The indictments and the demurrers in the foregoing cases are identical, and the ruling of this court in the first case will dispose of the others. The indictment, omitting the formal parts, is as follows:—
“The grand jury .... do present and say that Theodore Milroy, on the eighteenth day of June, 1888, at the county of Deer Lodge, Montana, did feloniously, wilfully, purposely, deliberately, premeditately, and with malice aforethought, attempt to commit a violent injury upon the person of Patrick Dooley, he, the said Theodore Milroy, having then and there the present ability to commit said…
2Cases cited2 opinions
- McCulley v. StateIndiana Supreme Court · 1878
- Agee v. StateIndiana Supreme Court · 1878
3Cited by4 opinions
- State v. HanlonMontana Supreme Court · 1909
- State v. SheerinMontana Supreme Court · 1892
- Coleman v. People ex rel. DonelsonColorado Court of Appeals · 1895
- Coleman v. People ex rel. DonelsonColorado Court of Appeals · 1895