Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 35

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 35

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...and decided. Under this view of the case, the court did not err in failing to give defendant's requested instruction No. 23, which in effect states that the information doe not charge the crime of assault in the second degree. 2. Complaint is made of instruction No. 11, given by the court, which contains the language of section 401 above; but what has already been said disposes of the objection made in this instance. The defendant could not be prejudiced by the action of the court in including in the instruction all of the subdivisions of that section, since he was not convicted of an assault in the second degree at all. 3. By instruction No. 13 the court, among other things, directed the jury that they might return a verdict of assault in the second degree or assault in the third degree, or a verdict of not guilty; and, that while eight of their number could return a verdict of guilty of assault.in the third degree, it required a unanimous verdict to find the defendant guilty of assault in the second degree or a verdict of not guilty. This was doubtless a mere oversight on the part of the court. It was erroneous, in that if the jury agreed unanimously that the defendant was not guilty of assault in the second degree, and if then eight of their number agreed that he was not guilty of assault in the third degree, a verdict of not guilty could be returned; but since it appears from the record that nine of the twelve jurors agreed to the verdict finding the defendant guilty of assault in the third degree, the error was harmless. 4. By instruction No. 15 the court submitted to the jury these provisions of section 2442 of the Penal Code, to-wit: "A defendant in a criminal action or proceeding cannot be compelled to be a witness...show more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236880625
  • 9781236880628