United States Supreme Court Cases & Opinions

U.S. Supreme Court

Farnsworth v. Montana, 129 U.S. 104 (1889)

Farnsworth v. Montana

No. 93

Argued November 23, 1888

Decided January 14, 1889

129 U.S. 104

Syllabus

A writ of error does not lie from this Court to the Supreme Court of the Territory of Montana to review a judgment of that court affirming the judgment of a district court in that Territory finding the plaintiff in error guilty of the crime of misdemeanor and sentencing him to pay a fine.

The Act of March 3, 1885 (23 Stat. 443) held not to apply to a criminal case.

This is a writ of error to the Supreme Court of the Territory of Montana in a criminal case, brought by George W. Farnsworth, who was proceeded against by an information in the Probate Court in and for Gallatin County, in that territory, for the crime of misdemeanor in having, in violation of a statute, as a commercial traveler, offered for sale in that territory merchandise to be delivered at a future time without first having obtained a license. He was arrested, and pleaded

Page 129 U. S. 105

not guilty, and was tried by the court, no jury having been asked for or demanded.

The court found him guilty, and its judgment was that he pay a fine of $50 and costs of the prosecution, $17.70, and stand committed until such fine and costs should be paid. He took an appeal to the District Court for the County of Gallatin, and the case was tried by that court, a jury being expressly waived, and it found him guilty and sentenced him to pay a fine of $50 and all costs of prosecution. He then took an appeal to the supreme court of the territory. That court affirmed the judgment of the district court in January, 1885. 5 Mont. 303, 324. To review that judgment, the defendant has brought the case to this Court by a writ of error.

Page 129 U. S. 109