[Download] "State v. Messerly" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Messerly
- Author : Supreme Court of Montana
- Release Date : January 29, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Homicide. Purpose of manslaughter statute. The manslaughter statute is a recognition of the frailty of human nature and has the purpose to reduce homicide committed under circumstances therein contemplated to grade of manslaughter, either voluntary or involuntary, as facts may warrant. 2. Homicide. Criminal intent. Criminal intent is not an element in involuntary manslaughter. 3. Homicide. Jury question. Whether evidence was sufficient to justify verdict of manslaughter was for jury. 4. Homicide. The evidence sustained jurys verdict. The jury was warranted in believing that defendant struck deceased without provocation, and that deceased never moved again of his own volition, and that death resulted from blow or blows, under the evidence. 5. Criminal Law. Credibility and weight for jury to determine. It is for jury and not the reviewing court to determine that credibility of witness and the weight to be given to the testimony. 6. Criminal Law. Conflicting evidence raised questions for jury. Conflicting evidence as to whether the witness was in position to see the things she testified about, raised questions for jury. 7. Criminal Law. Disputed questions of fact on appeal. Disputed question of fact will not be considered on appeal. 8. Criminal Law. Substantial evidence rule. So long as there is substantial evidence to support verdict, it cannot be disturbed on appeal. 9. Criminal Law. No error in instructions. Where instructions in manslaughter prosecution as a whole correctly stated the law and fully and fairly instructed jury as to applicable - Page 63 law, and instructions refused were either covered by given instructions or were inapplicable, there was no error.
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