Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 1. Homicide
Montana Code Annotated

Mont. Code Ann. § 45-5-111 (2026)

Extrajudicial Confession -- Evidence Of Death

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 1
  5. 45-5-111 Extrajudicial confession -- evidence of death

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 1. Homicide

Extrajudicial Confession -- Evidence Of Death

45-5-111. Extrajudicial confession -- evidence of death. In a homicide trial, before an extrajudicial confession may be admitted into evidence, the state must introduce independent evidence tending to establish the death and the fact that the death was caused by a criminal agency.

History: En. 95-3004 by Sec. 12, Ch. 513, L. 1973; amd. Sec. 49, Ch. 184, L. 1977; R.C.M. 1947, 95-3004; MCA 1981, 46-16-203(1); redes. 45-5-111 by Code Commissioner, 1983.

Notes of Decisions
Cited in 5 cases, 1985–2014 · leading case: State v. Arrington, 858 P.2d 343 (Mont. 1993).
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State v. Arrington, 858 P.2d 343 (Mont. 1993). · cites it 19× “DEFENDANT’S STATEMENTS The defendant cites § 45-5-111, MCA, for the proposition that “the State must prove each element, including in this case, the identity of the perpetrator, by evidence independent of any extrajudicial statement by the defendant.”
State v. Gould, 704 P.2d 20 (Mont. 1985). · cites it 11× “The State contends that § 45-5-111, MCA, is applicable. That statute states: "In a homicide trial, before an extrajudicial confession may be admitted into evidence, the state must introduce independent evidence tending to establish the death and the fact that the death was…”
State of Tennessee v. Courtney Bishop, 431 S.W.3d 22 (Tenn. 2014). “”); Mont.Code Ann. §45-5-111 (2011) (“In a homicide trial, before an extrajudicial confession may be admitted into evidence, the state must introduce independent evidence tending to establish the death and the fact that the death was caused by a criminal agency.”
State v. Hansen, 1999 MT 253 (Mont. 1999). · cites it 2× “See § 45-5-111, MCA (“before an extrajudicial confession may be admitted into evidence, the state must introduce independent evidence tending to establish the death and the fact that the death was caused by a criminal agency”).”
State v. Mcgarvey, 2005 MT 308 (Mont. 2005). “See §§ 45-5-111 and 46-16-215, MCA. McGarvey urges this Court to adopt the second prong-that is, require independent, corroborating evidence to establish the trustworthiness of a defendant’s alleged extrajudicial confession.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.