State v. Duncan by Supreme Court of Montana

State v. Duncan

By Supreme Court of Montana

  • Publication Date: 1957-01-05
  • Genre: Law

Book Summary

HOMICIDE ? MANSLAUGHTER, Sufficiency of information. 1. Indictment and Information ? Testing sufficiency. The sufficiency of every information isr to be tested by the rules prescribed by the Penal Code. 2. Homicide ? Contents of information held sufficient. Information alleging that defendant was accused by the County Attorney with the crime of manslaughter and that in certain county on certain date, before the filing of the information, the defendant wilfully, wrongfully, unlawfully, knowingly, and feloniously killed named person, a human being of the age of five years, contrary to the form, force, and effect of the statute and against the peace and dignity of the State, was sufficient. 3. Criminal Law ? Judgment sustaining demurrer to information reversed. Where trial court erroneously sustained demurrer to information charging manslaughter, and the State appealed, and judgment was reversed, cause would be remanded to the trial court for prosecution and further proceedings.

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