Legal Opinion

State v. Clemens

Montana Supreme Court

Decided March 2, 1910No. 2,773PublishedCited by 15 opinions

Appeal from District Court, Lewis and Ciarle County; J. M. Clements, Judge. W. C. Clemens was informed against for a misdemeanor, and, from a judgment dismissing the information on demurrer, tbe •state appeals.

1Opinion of the CourtJustice Holloway

On June 29, 1908, an information was filed in the district court of Lewis and Clark county charging that the defendant in said county committed a misdemeanor on the tenth day of August, 1906. To this information the defendant interposed a demurrer, which was sustained, and the state having declined to plead further, judgment was rendered and entered dismissing the information and discharging the defendant. From that judgment the state appealed.

In the trial court it was urged that the cause of action against the defendant was barred by the statute of limitations at the time the information was…

2Cases cited1 opinion

  1. People v. AyhensCalifornia Supreme Court · 1890

3Cited by15 opinions

  1. Stadler v. City of HelenaMontana Supreme Court · 1912
  2. Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
  3. State v. AnsellCourt of Appeals of Washington · 1984
  4. Allison v. StateCourt of Criminal Appeals of Oklahoma · 1983
  5. Smith v. SmithCourt of Appeals for the Ninth Circuit · 1915

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