(Download) "State v. Mcleod" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Mcleod
- Author : Supreme Court of Montana
- Release Date : January 09, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
CRIMINAL LAW ? ASSAULT AND BATTERY ? INDICTMENT AND INFORMATION ? EVIDENCE ? WITNESSES ? INTENT ? TRIAL ? BAIL ? PENALTY. 1. Assault and Battery. Evidence was sufficient to sustain conviction of assault in first degree. 2. Indictment and Information ? Statute complied with. The trial court did not err in overruling defendants demurrer to the amended information and in overruling defendants objection to the introduction of evidence and his motion to dismiss the information. 3. Assault and Battery ? Evidence sufficient to prove intent. Evidence was sufficient to prove defendants intent to commit crime of assault in the first degree. 4. Assault and Battery ? Intent may be inferred from facts. Intent to commit assault in first degree may be inferred from all facts, character of assault, accuseds use of deadly weapon, and natural, necessary, and even probable consequences. 5. Criminal Law ? Criminal act speaks for itself. The intent to do what is done with a free mind imports criminal intent if the act is criminal. The act speaks for itself. 6. Criminal Law ? Meaning of "Intent". "Intent", in criminal law, means a state of mind which willingly consents to act done or free will choice or volition in doing of act. 7. Criminal Law ? Crime must be voluntary if intent is essential to crime. All crimes, of which intent is necessary element, must be voluntary, that is, proceed from the will and a mind free to act, and in such sense, a criminal act may be properly said to be done with design, purpose or intent. 8. Criminal Law ? Presumption of innocence. Generally, in criminal case, every presumption in favor of defendants innocence must be indulged until evidence establishes his guilt beyond reasonable doubt. - Page 479