State v. Gomez
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. V. Dwyer, Judge. Felix Gomez was charged for murder, and, an acquittal having been directed, the state appeals. From the facts appearing in the record, together with the flight of Felix Gomez, we believe that a sufficient showing was made to take the case to the jury. He knew. that murder was about to be committed. He had been invited to go back and assist in the killing.
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Appeal from District Court, Silver Bow County; J. V. Dwyer, Judge. Felix Gomez was charged for murder, and, an acquittal having been directed, the state appeals. From the facts appearing in the record, together with the flight of Felix Gomez, we believe that a sufficient showing was made to take the case to the jury. He knew. that murder was about to be committed. He had been invited to go back and assist in the killing. He went back, and, if not actually doing the killing, he stood by ready to render any assistance necessary. This case may be compared with State v. Hayes, 38 Mont. 219, 99…
1Opinion of the CourtChief Justice Brantly
The defendant, Felix Gomez, and two others, Ben Gomez and Crescenciano Rodriguez, were jointly charged with the murder of one Juan Domengo at Divide, a station on the Oregon Short Line Railway in Silver Bow county, on March 17, 1918. They were awarded separate trials. Ben Gomez was convicted of manslaughter and Rodriguez of murder in the second degree. At the close of the state’s case on the trial of Felix Gomez, the court, on motion of his counsel, ordered the jury to return a verdict in his favor. From this order the state has appealed. The question for decision is whether the evidence was…
2Cases cited7 opinions
- State v. WelchMontana Supreme Court · 1899
- State v. MahoneyMontana Supreme Court · 1900
- State v. SuitorMontana Supreme Court · 1911
- State v. ChevignyMontana Supreme Court · 1914
- State v. FosterMontana Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. BrantinghamMontana Supreme Court · 1923
- State v. LabbittMontana Supreme Court · 1945
- State v. McCartyIdaho Supreme Court · 1928
- State v. AsherMontana Supreme Court · 1922
- State v. FitzpatrickMontana Supreme Court · 1952
5 more not listed; retrieve them via the Exa API.