(DOWNLOAD) "State v. Benson" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Benson
- Author : Supreme Court of Montana
- Release Date : January 02, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Criminal Law ? Malicious Mischief ? Justices Courts ? Appeal ? Jurisdiction ? Waiver of Irregularities in Lower Court ? Malice ? Provable by Inferences. Justices of the Peace ? Appeal to District Court ? Trial de novo. 1. On appeal from a justices court in a misdemeanor case, the cause must be tried de novo in the district court on the papers and files in the former, unless the latter court allows other or amended pleadings, and each party has the benefit of all legal objections made in the justices court. - Page 110 Same ? Failure to Object to Jurisdiction of Court ? Waiver of Objection ? Appeal. 2. By appearing in a justices court to which a charge of malicious mischief against him had been transferred, without objecting to the jurisdiction of the court on the ground that no order of transfer had been made or entered in the docket, defendant waived the irregularity and debarred himself from raising the objection on appeal in the district court. Same ? Appeal to District Court ? Jurisdiction ? Waiver of Irregularities in Lower Court. 3. If an action was properly instituted in a justices court, an appeal from it to the district court clothes the latter with jurisdiction to proceed to a new trial on the merits of the cause, no matter what irregularities may have attended the trial in the justices court. Malicious Mischief ? Existence of Malice Provable by Inferences Drawn from Facts and Circumstances of Case. 4. Direct evidence of the existence of malice in one charged with malicious mischief being seldom available and because of the difficulty of proving that the act was committed under a malicious state of mind, the existence or nonexistence of malice may be arrived at through inferences, drawn from the facts and circumstances attending its commission.