Legal Opinion

State v. Collins

Montana Supreme Court

Decided January 30, 1917No. 3,722PublishedCited by 7 opinions

Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Henry Collins was convicted of grand larceny and appeals from the judgment of conviction and an order denying him a new trial. “It is a reversible error for the court to deny a party the right of peremptory challenges in any ease where it is a right either by the common law or by statute, or to deny the full number to which a party is entitled either in civil or criminal eases.”

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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Henry Collins was convicted of grand larceny and appeals from the judgment of conviction and an order denying him a new trial. “It is a reversible error for the court to deny a party the right of peremptory challenges in any ease where it is a right either by the common law or by statute, or to deny the full number to which a party is entitled either in civil or criminal eases.” (24 Cyc. 336; Todd v. State, 85 Ala. 339, 5 South. 278; People v. O’Neil, 61 Gal. 435; People v. Keating, 61 Hun, 260, 16 N. T. Supp. 748;…

1Opinion of the CourtChief Justice Brantly

The defendant was convicted of grand larceny and adjudged to serve a term in the state- prison. He has appealed from the judgment and an order denying his motion for a new trial.

*217[1] 1. The subject of the larceny is described in the information as “one bay horse with a white stripe on forehead, weighing about 1,000 pounds, and branded on the left shoulder.” It is further charged that the defendant was previously convicted of the crime of grand larceny and served a term in the state prison therefor. The information was so framed to enable the jury or the court, upon conviction of the defendant…

2Cases cited7 opinions

  1. People v. PicoCalifornia Supreme Court · 1882
  2. Banks v. StateTexas Supreme Court · 1866
  3. State v. PaisleyMontana Supreme Court · 1907
  4. State v. DonneganSupreme Court of Missouri · 1863
  5. State v. BucklesSupreme Court of Kansas · 1881

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. SquierNevada Supreme Court · 1936
  2. State v. SanchezNew Mexico Supreme Court · 1954
  3. State v. AkersMontana Supreme Court · 1938
  4. In Re the Estate of O'ReillyArizona Supreme Court · 1925
  5. State v. ButlerSouth Dakota Supreme Court · 1946

2 more not listed; retrieve them via the Exa API.

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