Defective Indictment

Territory v. Tunnell, 4 Mont. 148, 1 P. 742 Mont. Terr. (1881)

Where a statement in the instruction is that “the defendant admits the shooting and killing as charged in the indictment,” when the record admission is that “the shot he fired killed the deceased at th e time and place alleged in the indictment,” such instruction is misleading and prejudicial in its character, and is error. For the above reason, and for the one assigned in the case of Territory v. Edmonson, ante, 738, the judgment of the lower court is reversed.