State v. Bush, 12599
| Decision Date | 19 February 1974 |
| Docket Number | No. 12599,12599 |
| Citation | 518 P.2d 1406,164 Mont. 81 |
| Parties | The STATE of Montana, Plaintiff and Respondent, v. Mrs. Glenn BUSH, Defendant and Appellant. |
| Court | Montana Supreme Court |
Garnaas, Hall, Riley & Pinsoneault, J. Robert Riley argued, Missoula, for defendant and appellant.
Robert L. Woodahl, Atty. Gen., J. C. Weingartner, Asst. Atty. Gen., appeared, Helena, Douglas G. Harkin, County Atty., argued, Hamilton, for plaintiff and respondent.
Defendant was convicted in the justice court of Ravalli County of assault in the third degree. On March 23, 1973, the justice court imposed a penalty consisting of a fine in the amount of $150 and 60 days in the county jail. The jail sentence was suspended. Following the imposition of sentence defendant filed a written notice of appeal to the district court of the fourth judicial district, in and for the county of Ravalli. Defendant did not post an appeal bond.
The Ravalli county attorney moved to have the appeal dismissed on the grounds that defendant's failure to post a bond meant that the appeal had not been perfected. On May 11, 1973, the motion to dismiss was heard by the district court, Judge E. Gardner Brownlee, presiding. The district court dismissed defendant's appeal from the justice court decision for the reason that defendant did not furnish the required bond. Defendant appeals to this Court from the district court's dismissal.
The sole issue presented for review is whether an appeal bond is necessary to perfect an appeal from the justice court to the district court.
Section 95-2009, R.C.M.1947, governs appeals from the justice of the peace court to the district court and provides in part:
'* * *
'(b) The defendant may appeal to the district court by giving written notice of his intention to appeal within ten days (10) days (sic) after judgment.
'(c) * * * It shall be the duty of the defendant to perfect the appeal.'
The revised Commission Comment to section 95-2009, R.C.M.1947, indicates that the burden is on the defendant to perfect an appeal from the justice court and specifically states: 'This burden is sustained when the defendant has posted the requisite bond * * *'. This language indicates an intent to require bond as a part of perfecting an appeal from the justice court to the district court.
Furthermore, since the code was adopted as one comprehensive piece of legislation it should be considered in its entirety to determine the effect of any one section. In the instant case the sections on bail are most relevant. Section 95-1109, R.C.M.1947, admits to bail...
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City of Missoula v. Shea
...laws for the punishment of crime shall be founded on principles of prevention and reformation. Appeal Bond The case of State v. Bush (1974), 164 Mont. 81, 518 P.2d 1406, interprets section 46-17-311, MCA, as requiring that a bond be furnished in order to perfect an appeal in a criminal case......
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State v. Crane, 81-306
...State v. Mortenson (1978), 175 Mont. 403, 574 P.2d 581, 582 (no written appeal within ten days of oral judgment); State v. Bush (1974), 164 Mont. 81, 518 P.2d 1406, 1407 (appeal bond was not posted). Thus, the defendant waived his appeal by failing to perfect The second issue presented on a......
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State v. Sanchez, 14973
...170 Mont. 496, 554 P.2d 1333 applicable to the instant case. In that case we stated: "Initially, we note this Court in State v. Bush, 164 Mont. 81, 518 P.2d 1406, " '. . . since the code (of criminal procedure) was adopted as one comprehensive piece of legislation it should be considered in......
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State v. Main, 80-233
...28, 1980. The criminal procedure code should be considered in its entirety to determine the effect of any one section. State v. Bush (1974), 164 Mont. 81, 518 P.2d 1406. In this instance, section 46-20-311(2), MCA, indicates transmission of records is effected only when the clerk forwards s......