[DOWNLOAD] "Preston v. Transportation Insurance Co." by In the Supreme Court of the State of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Preston v. Transportation Insurance Co.
- Author : In the Supreme Court of the State of Montana
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In view of the voluminous record and the number of exceptions taken upon the trial it is necessary to confine discussion to those objections which counsel for appellant have urged upon us as being of a more serious nature. However, it must be understood that those exceptions not discussed here or noted in the foregoing statement have received careful attention and have not been considered of sufficient merit to affect the result of the trial. In limine it is proper to say that the demurrers to the evidence, including the motion to nonsuit the graver charge of first degree murder, were properly overruled. The evidence of the guilt of defendant is plenary; and there are several phases of the evidence sufficient to give rise to the inference of deliberation and premeditation. If we pass over the inference that the defendant nursed his grievance of the night before and vengefully renewed it the morning after, and also inference that he deliberately planned the opportunity and set the stage for the tragedy, all of which point to deliberation and premeditation, the vicious, ferocious, and brutal manner of the slaying, -- by two slashes of the razor which almost decapitated the victim, -- engenders an inference of premeditation and deliberation distinct from the presumption of second degree murder by the intentional use of a deadly weapon in the killing and not merged therein. S. v. Artis, ante, 371; {PA}