Territory of Montana v. Owings
Montana Supreme Court
Appeal from Second District, Deer Lodge County. The indictment should specify with certainty upon whom the offense was committed. 19 Ala. 540; U. S. Dig. Crim. Law, 650, § 21. In case of a female over ten years of age there should be evidence of resistance. People v. Morrison, 1 Park. Crim.
Read the full summary
Appeal from Second District, Deer Lodge County. The indictment should specify with certainty upon whom the offense was committed. 19 Ala. 540; U. S. Dig. Crim. Law, 650, § 21. In case of a female over ten years of age there should be evidence of resistance. People v. Morrison, 1 Park. Crim. Law, 644; People v. Abbott, 19 Wend. 192; Walter v. People, 50 Barb. 144. The court erred in instructing the jury as to what constitutes a reasonable doubt. 11 Nev. 343. The verdict did not justify the judgment. Bish. on Stat. Cr, § 491; 11 Ga. 225 ; Com. v. Cooper, 15 Mass. 186 ; 1 Chitty’s Crim. Law, 639…
1Opinion of the CourtWade, C. J.
Indictment for rape; trial by jury; verdict for plaintiff; judgment on the verdict; motion for new trial overruled and appeal to this court.
The only question we will consider in this case arises upon the instructions given by the court to the jury upon the subject of “reasonable doubt.” The instruction given by the court at the instance of the defendant is as follows: “A reasonable doubt is such a doubt existing in a person’s niind as that, he will not act upon it in matters of the highest and greatest importance.”
The instruction given by the court on its own motion upon this subject, is as…
2Cases cited4 opinions
- Bradley v. StateIndiana Supreme Court · 1869
- People v. CampbellCalifornia Supreme Court · 1866
- Price v. MahoneySupreme Court of Iowa · 1868
- Hamilton v. State BankSupreme Court of Iowa · 1867
3Cited by2 opinions
- State v. WappensteinWashington Supreme Court · 1912
- State v. GibbsMontana Supreme Court · 1890