[Download] "Bose v. Sullivan Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Bose v. Sullivan Et Al.
- Author : Supreme Court of Montana
- Release Date : January 03, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Criminal law Γ’€” Supreme Court cannot substitute its judgment for that of trial court. Where the degree of an offense as fixed is supported by evidence and the punishment is within the maximum limits fixed by law, the Supreme Court cannot substitute its judgment for that of the trial judge and can interfere only if there has been a clear abuse of discretion or failure to follow the law. 2. Homicide Γ’€” Evidence of intoxication Γ’€” Court warranted in finding first degree murder. Evidence as to alleged intoxication of accused established that the trial judge did not act in excess of power in finding the accused guilty of murder in first degree and in pronouncing sentence of death by hanging. 3. Homicide Γ’€” Remedy for commuting death sentence is with executive department. Where the evidence sustained the trial courts decision that the accused was guilty of murder in first degree which, under the law, is punishable by death, the Supreme Court could not interfere with Page 435 the sentence to death by hanging; any remedy of accused being by application to the executive department.