159 P. 415 | Mont. | 1916
delivered the opinion of the court.
The defendant was tried upon an information charging him with the crime of murder in the first degree. He was found guilty of manslaughter, and sentenced to confinement in the state prison for a term of not less than seven years and six months nor more than ten years. He has appealed from the judgment and an order denying his motion for a new trial.
The homicide occurred during the afternoon of May 3, 1915, on a farm owned by L. S. Briggs, a few miles from Bozeman, in Gallatin county. The defendant and deceased, Joseph Ennis, had been.in the employment of Briggs, who resided in Bozeman, and had charge of the cattle and horses belonging to him and kept on the farm. A feeling of jealousy had arisen between them as to the extent of the authority conferred upon them, respectively, by Briggs for the management and care of the stock. Blame for the supposed loss of a calf, while the defendant and a young son of the deceased were driving some cows with their calves to the farm from a neighboring farm where they had been kept, was charged by defendant to the son.
Error is assigned upon rulings in the admission and exclusion of evidence, upon the giving and refusing to give certain instructions, upon insufficiency of the evidence to justify the verdict, and upon the ground that the verdict is contrary to law. Error is alleged also upon the conduct of the trial judge and county attorney by reason of which the defendant did not have a fair and impartial trial.
1. Counsel does not undertake in his brief to point out any
2. During the trial, counsel seems to have proceeded upon
3. Contention is made that the court erred in refusing to
4. On the subject of reasonable doubt the court instructed the
5. Contention is made that the court erred in giving oral instructions to the jury. The record furnishes no ground for this contention. At the close of the argument the court orally
The judgment and order are affirmed.
Affirmed.