(DOWNLOAD) "Borberg v. District Court" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Borberg v. District Court
- Author : Supreme Court of Montana
- Release Date : January 11, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1. Intoxicating liquors ? Complaint met requirements of statute. Criminal complaint charging that on or about certain date upon premises licensed to sell liquor at retail defendants committed crime of selling liquor after hours contrary to statute and against the peace and dignity of the state met requirements of statute. 2. Indictment and information ? New complaint properly filed. Where complaint, which charged sale of liquor after hours and which was filed in justices court was dismissed on motion of prosecution for alleged error in setting forth time of commission of crime, prosecution properly filed new criminal complaint charging commission of same offense at different time. 3. Criminal law ? Pleadings held improper. Where defendants filed pleading in writing designated as special plea in bar to criminal complaint filed in justices court and prosecution filed written answer to plea and defendants filed written motion to strike part of answer and prosecution filed amended answer and defendants filed second written motion to strike, pleadings of defense and prosecution were improper. 4. Criminal Law ? Pleas available to defendant. To a criminal complaint in a justices court the defendant may make the same plea as upon indictment or information. 5. Indictment and information ? Changing time of commission of offense. Precise day of commission of crime of selling liquor at prohibited and unlawful hour is not of essence of offense and the party is not held to the strict time alleged. - Page 482