Territory of Montana v. McClin
Montana Supreme Court
Appeal from, the First District, Gallatin Gounty. McClin was tried in June, 1871, by a jury, who returned a verdict of guilty, and the court, Murehy, J., sentenced him. The other facts are stated in the opinion of the court, the remarks of Murphy, J., and the note of the reporter. Appellant was convicted upon his confession. There was no other evidence of guilt, and such a conviction could not be had.
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Appeal from, the First District, Gallatin Gounty. McClin was tried in June, 1871, by a jury, who returned a verdict of guilty, and the court, Murehy, J., sentenced him. The other facts are stated in the opinion of the court, the remarks of Murphy, J., and the note of the reporter. Appellant was convicted upon his confession. There was no other evidence of guilt, and such a conviction could not be had. People v. Hennessey, 15 Wend. 148 ; People v. Badgley, 16 id. 53. Appellant’s confessions were not voluntary, and should have been excluded. 1 Phil. on. Ev. 542, 543 ; People v. MeMahon, 15 N.…
1Opinion of the CourtWade, C. J.
This case comes into this court on appeal from the judgment and bill of exceptions, upon the separate trial of defendant, .James P. McClin, indicted jointly with defendants, Nathan Ward, David Collier and John Maloney, for the crime of burglary.
It is contended by respondent that the record does not disclose the fact that any proper exceptions were taken at the trial to the rulings of the court upon the introduction of evidence, or to the charge of the court to the jury. This is an appeal from the judgment-roll, and the bill of exceptions is properly before the court for consideration. The…
2Cases cited2 opinions
- The People v. . McMahonNew York Court of Appeals · 1857
- People v. WardNew York Supreme Court · 1836
3Cited by7 opinions
- State v. DixsonMontana Supreme Court · 1927
- State v. BerberickMontana Supreme Court · 1909
- State v. ShermanMontana Supreme Court · 1907
- United States v. StoneUnited States Circuit Court · 1881
- State v. ShadwellMontana Supreme Court · 1899
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