State v. Crean
Montana Supreme Court
Appeal from District Court, Jefferson County; Llew. L. Callaway, Judge. Cornelius Crean was convicted of manslaughter and appeals from the judgment and an order denying him a new trial.
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Appeal from District Court, Jefferson County; Llew. L. Callaway, Judge. Cornelius Crean was convicted of manslaughter and appeals from the judgment and an order denying him a new trial. Will a verdict of manslaughter be supported under the information? Counsel for defendant submit that it is well settled in Montana, and at common law, that under such an information as is set forth in State v. Metcalf, 17 Mont. 417, 43 Pac. 182, a person may be convicted of manslaughter, or any assault, such as might be alleged therein. We concede this proposition, and urge it as the basis of our argument. Is…
1Opinion of the CourtJustice Holloway
The defendant was charged by an information with the crime of murder in the first degree, convicted of manslaughter, and has appealed from the judgment and from an order denying him a new trial.
1. The first assignment argued in the brief of counsel for appellant is that the information does not support the judgment. [1] Briefly paraphrased, the information charges that the defendant unlawfully, feloniously, willfully, premeditatedly, deliberately and of his malice aforethought shot and killed Emil Martilla, a human being. This sufficiently charges murder as defined in section 8290, Revised…
2Cases cited21 opinions
- Boyle v. StateIndiana Supreme Court · 1886
- People v. BushtonCalifornia Supreme Court · 1889
- State v. SaundersOregon Supreme Court · 1886
- People v. MuhlnerCalifornia Supreme Court · 1896
- Sullivan v. StateSupreme Court of Alabama · 1893
16 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- Goodover v. Lindey's Inc.Montana Supreme Court · 1992
- State v. BealSupreme Court of North Carolina · 1930
- State v. BoltonMontana Supreme Court · 1922
- State v. JurkoIdaho Supreme Court · 1926
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