State v. Gibbs
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Conviction for perjury. The defendant was tried before Benton, J. Statement of facts, prepared by the judge delivering the opinion. At the May term, 1890, of the Eighth Judicial District Court in and for Cascade County, the defendant was convicted of the crime of perjury.
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Appeal from Eighth Judicial District, Cascade County. Conviction for perjury. The defendant was tried before Benton, J. Statement of facts, prepared by the judge delivering the opinion. At the May term, 1890, of the Eighth Judicial District Court in and for Cascade County, the defendant was convicted of the crime of perjury. He comes to this court with an appeal, evidenced by the following papers, which are found in the transcript: — “ To William M. Cockrill, clerk of the court in and for the county aforesaid: You are hereby notified that the defendant appeals to the Supreme Court of the…
1Opinion of the CourtJDe Witt, J.
“Appeals are matters of statutory regulation. There must be a substantial compliance with the statute in order to confer jurisdiction upon the appellate court. The appellant is charged with the duty of perfecting his appeal in the manner provided by law, and error in this regard affects the jurisdiction of the appellate court.” (Territory v. Hanna, 5 Mont. 246.) The defendant in the case at bar served his notice of appeal upon the clerk of the court. He served upon the attorney prosecuting a notice of appeal from the verdict, nothing more. An appeal from a verdict is unknown in the criminal…
2Cases cited2 opinions
- Territory of Montana v. HannaMontana Supreme Court · 1884
- Territory v. HarrisMontana Supreme Court · 1888
3Cited by12 opinions
- State v. HornerOregon Supreme Court · 1900
- State v. BlackMontana Supreme Court · 1894
- State v. NorthrupMontana Supreme Court · 1893
- Pueblo v. RománSupreme Court of Puerto Rico · 1912
- Clarke v. SwartzMontana Supreme Court · 1930
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