No. 99-356
IN THE SUPREME COURT OF THE STATE OF MONTANA
2000 MT 152
300 Mont. 115
4 P. 3d 1
STATE OF MONTANA
STATE OF MONTANA,
Petitioner and Appellant,
v.
JESSE EAGLE SPEAKER,
Whether the District Court erred in dismissing the Information for lack of jurisdiction?
We conclude that the offense of theft occurs for jurisdictional purposes where the
elements of that offense take place. From the Information and supporting affidavit, it is
clear that the State has alleged that Eagle Speaker exerted unauthorized control with the
intent to deprive within the exterior boundaries of the Blackfeet Reservation. Accordingly,
because Eagle Speaker allegedly committed theft on the Blackfeet Reservation, the
District Court was without jurisdiction to hear the State's charges.
Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.
Subscribe to:
Post Comments (Atom)
Blog Archive
-
▼
2008
(103)
-
▼
October
(12)
- Jail time credit, 46-18-403(2)
- Santobello error, misdemeanor assualt and negligen...
- Insufficent evidence, liability insurance, Driving...
- Condition No. 10 also exceeds the District Court’s...
- 1 year time limit on misdemeanor prosecution 45-1-205
- 05-496IN THE SUPREME COURT OF THE STATE OF MONTANA...
- official misconduct, statute of limitations
- 45-6-30 MCA, statute of limitations and theft
- No jurisdiction for offense on Indian Reservation
- Felony assualt insufficiency of evidence
- Entrapment
- Santobello error at revocation hearing
-
▼
October
(12)
No comments:
Post a Comment