# State v. Randall

> Montana Supreme Court · July 8, 1960 · 137 Mont. 534

URL: https://www.frixlaw.com/law-library/cases/9546085

## Case

- **Full name:** STATE OF MONTANA, Plaintiff and Respondent, v. JAMES ROGER RANDALL, Defendant and Appellant
- **Court:** Montana Supreme Court
- **Decided:** July 8, 1960
- **Citations:** 137 Mont. 534; 353 P.2d 1054; 100 A.L.R. 2d 171; 1960 Mont. LEXIS 50
- **Precedential status:** Published
- **Opinion:** Dissent by Castles
- **Judges:** Angstman, Castles, Harrison, Bottomly, Adair
- **Cited by:** 60 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546085

## Opinion text

MR. JUSTICE CASTLES
dissenting.
I dissent. I agree with the majority opinion except as to the last specification of error. I do not agree that the giving of the instruction by the court without objection constitutes reversible error. The instruction was as favorable to the defendant as it was to the State, and, if an acquittal had been had, the defendant would have been happy.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546085. Public record. Not legal advice.