(Download) "State v. Aus" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Aus
- Author : Supreme Court of Montana
- Release Date : January 23, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
CRIMINAL LAW — SODOMY — APPEAL AND ERROR — COURTS. 1. Criminal Law — Correction of judgments. Court has power to correct its judgment so that it speaks the truth. 2. Sodomy — Sentence within limits of law. Sentence to term of 15 1/2 years in state prison was within limits of law when imposed upon defendant found guilty of an attempt to commit infamous crime against nature. 3. Criminal Law — Effect of correction of judgment. Where, by jurys verdict, defendant was found guilty of an attempt to commit infamous crime against nature, judgment reciting that defendant was convicted of infamous crime against nature was erroneous, but such judgment was subject to correction by trial court, and to do so would not require granting of new trial, nor would it be ground for releasing and discharging defendant. 4. Sodomy. Infamous crime against nature may be committed by penetration of mouth. 5. Courts — Effect of divided court. Court will more readily re-examine legal question determined by divided court than one determined by unanimous decision. 6. Courts — Stare decisis. Doctrine of stare decisis should be applied to all questions of law Page 497 which were considered and determined, even though some of justices may admit they can write a better opinion the other way.
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