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eBook details

• Title: Kelly v. Roberts Et Al.
• Author : Supreme Court of Montana
• Release Date : January 17, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

1. Criminal Law — Withdrawal of attorney on appeal. Upon appeal from conviction for second degree assault, where defendants counsel caused transcript on appeal to be filed, but did not file any specifications of error or brief on defendants behalf because defendant failed to pay him an additional fee, and did not withdraw from the case, the Supreme Court would deny motion to dismiss appeal and consider record without assistance of specifications of error, brief or oral argument on behalf of defendant. 2. Assault and Battery — Evidence disclosed no intent to kill or injure. In prosecution for second degree assault, evidence established that defendant had no intention to kill or injure complaining witness, and evidence was not sufficient to sustain conviction for second degree assault. 3. Assault and Battery — Right to evict trespasser. Where trespasser refused to quietly and peacefully leave defendants premises, defendant had right to forcibly evict him therefrom. 4. Assault and Battery — Right to use arms to defend person and property. One has the right to keep and bear arms and to use the same in defense of his own home, his person, and his property. Page 158

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