[Download] "State v. Zorn" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Zorn
- Author : Supreme Court of Montana
- Release Date : January 19, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Criminal Law ? Homicide ? Error in Instructions ? When Only Reviewable on Appeal ? Controlling Statute ? Statutes and Statutory Construction ? "Reasonable Doubt" ? Prior Holdings as to Correctness of Instruction Reaffirmed ? Evidence ? Sufficiency. Criminal Law ? Homicide ? Error in Instructions not Excepted to not Reviewable on Appeal ? Controlling Statute. 1. Held, that section 12043, Revised Codes 1921, declaring that error in instructions not excepted to or embodied in a bill of exceptions in a criminal case could nevertheless be taken advantage of on appeal, was impliedly repealed by Chapter 82, Laws of 1907, though erroneously incorporated in the codifications of 1907 and 1921, and that section 11969 of the latter Codes, providing that the supreme court may not reverse any judgment for error in instructions not specifically excepted to and incorporated in a bill of exceptions, is controlling. Statutes and Statutory Construction ? When Rule That Statute Last in Numerical Order on Subject Controlling Inapplicable. 2. The rule enunciated by section 5525, Revised Codes 1921, that where conflicting provisions are found in different sections of the same Chapter or Part, those of the last in numerical order must prevail, has no application where the sections were passed at different times. Homicide ? Instructions ? "Reasonable Doubt" ? Prior Holdings of Court Reaffirmed. 3. Held, on appeal from a judgment of conviction of murder in the first degree, that the trial court in giving the definition of "reasonable doubt" in an instruction on the subject repeatedly approved by the supreme court, did not commit reversible error by prefacing it thus: "You are instructed that a doubt which a juror is allowed to retain in his mind and under the influence of which he should form a verdict of not guilty, must always be a reasonable one," and that the contention of appellant that the phrase in effect does away with the presumption of innocence declared by section 11971, Revised Codes 1921, may not be sustained. Same ? Evidence ? Sufficiency. 4. Evidence in a prosecution for murder committed at night-time in the perpetration of burglary, supported by a full confession by defendant, held sufficient to warrant the extreme penalty. - Page 64