State v. Vuckovich
Montana Supreme Court
Appeals from District Court, Missoula County; Theodore Lentz, Judge. Joe Vuckovich, convicted of murder in the first degree, appeals from the judgment and an order denying his motion for a new trial.
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Appeals from District Court, Missoula County; Theodore Lentz, Judge. Joe Vuckovich, convicted of murder in the first degree, appeals from the judgment and an order denying his motion for a new trial. A long line of authorities resting upon reason and logic and not upon precedents which, as Justice Holmes, in Brown v. United States, 65 L. Ed. 619, says, “have had a tendency to ossify into specific rules without much regard for reason,” holds that grounds of disqualification for which a juror might have been challenged, if unknown, and not to be discovered by reasonable diligence before…
1Opinion of the Court
MR. CHIEF COMMISSIONER POORMAN
prepared the opinion for the court.
The defendant was informed against, tried and convicted of the crime of murder in the first degree. From the judgment entered on the verdict and' an order overruling his motion for a new trial defendant has appealed.
I. The defendant claims that “the judgment and verdict [1] are nullities because an alien sat upon the jury.” In support of this contention the defendant presented records and affivadits that the father of the juror Jacob Barer was not a citizen of the United States until the fourth day' of June, 1913, when he was…
2Cases cited17 opinions
- State v. Spotted HawkMontana Supreme Court · 1899
- People v. . JacksonNew York Court of Appeals · 1888
- State v. ByrdMontana Supreme Court · 1910
- State v. CreanMontana Supreme Court · 1911
- State v. MartinMontana Supreme Court · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Evans v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Roberts v. StateSupreme Court of Florida · 1964
- State v. HayMontana Supreme Court · 1948
- McKenna v. PeopleSupreme Court of Colorado · 1951
- State v. KacarMontana Supreme Court · 1925
9 more not listed; retrieve them via the Exa API.