Notes of Decisions
Cited in
85
cases (
7 in the last 5 years), 1979–2026 · leading case:
State v. Madera, 670 P.2d 552 (Mont. 1983).
State v. Madera, 670 P.2d 552 (Mont. 1983).
· cites it 21× “The count of robbery was based upon section 45-5-401(1)(a), MCA, charging that LaMere "in the course of committing a theft, purposely or knowingly inflicted bodily injury upon [a woman].”
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981).
· cites it 18× “Section 45-5-401, MCA provides: “(1) A person commits the offense of robbery if in the course of committing a theft he: “(a) inflicts bodily injury upon another; “(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of…”
State v. Greywater, 939 P.2d 975 (Mont. 1997).
· cites it 22× “Section 45-5-401, MCA, requires only that the actor "be in the course of committing the theft.”
State v. Greywater, 939 P.2d 975 (Mont. 1997).
· cites it 20× “Section 45-5-401, MCA, requires only that the actor “be in the course of committing the theft.”
State v. Krantz, 788 P.2d 298 (Mont. 1990).
· cites it 14× “Compare § 45-5-401, MCA (1989) with Laws of Mont.”
State v. Close, 623 P.2d 940 (Mont. 1981).
· cites it 6× “On June 3, 1976, the jury found defendant guilty of the following crimes, all arising out of one incident: Count I, deliberate homicide, section 45-5-102, MCA; Count II, aggravated kidnapping, section 45-5-303 MCA; and Count III, robbery, section 45-5-401, MCA. On June 10, 1976,…”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990).
· cites it 6× “] Theft is defined in § 45-6-301, MCA, which provides: Theft. (1) A person commits the offense of theft when he purposely or *341 knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property[.”
State v. Ritchson, 630 P.2d 234 (Mont. 1981).
· cites it 10× “” The offense of robbery is defined by section 45-5-401, MCA, as follows: “(1) A person commits the offense of robbery if in the course of committing a theft he: “(a) inflicts bodily injury upon another; “(b) threatens to inflict bodily injury upon any person in fear of…”
State v. Ferguson, 2005 MT 343 (Mont. 2005).
· cites it 3× “Section 45-5-401(l)(b), MCA, provides, in pertinent part, that a person commits the offense of robbery if, in the course of committing a theft, the person threatens to inflict bodily injury upon any person, or purposely or knowingly puts any person in fear of immediate bodily…”
State v. Van Kirk, 2001 MT 184 (Mont. 2001).
· cites it 2× “Assume, for example, that the accused is charged with robbery under § 45-5-401(l)(b), MCA. The only evidence of the defendant's threat to inflict bodily injury on the liquor store clerk (the threat being an essential element of the crime charged) is the repetition by the…”
State v. Owens, 20 S.W.3d 634 (Tenn. 2000).
· cites it 4× “24 (West 1987); Mont.Code Ann. § 45-5-401 (West 1999); Nev.”
State v. Hembd, 838 P.2d 412 (Mont. 1992).
· cites it 5× “Hembd was sentenced to twenty-five years for robbery pursuant to § 45-5-401, MCA; the sentence was within the 40-year maximum statutory sentence for robbery.”
— Mont. Code Ann. § 45-5-401(1) — 5 cases
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981).
“Section 45-5-401, MCA provides: “(1) A person commits the offense of robbery if in the course of committing a theft he: “(a) inflicts bodily injury upon another; “(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of…”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990).
“] Theft is defined in § 45-6-301, MCA, which provides: Theft. (1) A person commits the offense of theft when he purposely or *341 knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property[.”
— Mont. Code Ann. § 45-5-401(1)(a) — 4 cases
State v. Madera, 670 P.2d 552 (Mont. 1983).
“The count of robbery was based upon section 45-5-401(1)(a), MCA, charging that LaMere "in the course of committing a theft, purposely or knowingly inflicted bodily injury upon [a woman].”
State v. Greywater, 939 P.2d 975 (Mont. 1997).
“Section 45-5-401, MCA, requires only that the actor "be in the course of committing the theft.”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990).
“] Theft is defined in § 45-6-301, MCA, which provides: Theft. (1) A person commits the offense of theft when he purposely or *341 knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property[.”
— Mont. Code Ann. § 45-5-401(1)(b) — 11 cases
State v. Madera, 670 P.2d 552 (Mont. 1983).
“The count of robbery was based upon section 45-5-401(1)(a), MCA, charging that LaMere "in the course of committing a theft, purposely or knowingly inflicted bodily injury upon [a woman].”
— Mont. Code Ann. § 45-5-401(2) — 4 cases
— Mont. Code Ann. § 45-5-401(3) — 7 cases
— Mont. Code Ann. § 45-5-401(c) — 1 case
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981).
“Section 45-5-401, MCA provides: “(1) A person commits the offense of robbery if in the course of committing a theft he: “(a) inflicts bodily injury upon another; “(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of…”
— Mont. Code Ann. § 45-5-401(l)(a) — 6 cases
State v. Greywater, 939 P.2d 975 (Mont. 1997).
“Section 45-5-401, MCA, requires only that the actor “be in the course of committing the theft.”
State v. Madera, 670 P.2d 552 (Mont. 1983).
“The count of robbery was based upon section 45-5-401(1)(a), MCA, charging that LaMere "in the course of committing a theft, purposely or knowingly inflicted bodily injury upon [a woman].”
— Mont. Code Ann. § 45-5-401(l)(b) — 15 cases
State v. Ferguson, 2005 MT 343 (Mont. 2005).
“Section 45-5-401(l)(b), MCA, provides, in pertinent part, that a person commits the offense of robbery if, in the course of committing a theft, the person threatens to inflict bodily injury upon any person, or purposely or knowingly puts any person in fear of immediate bodily…”
State v. Van Kirk, 2001 MT 184 (Mont. 2001).
“Assume, for example, that the accused is charged with robbery under § 45-5-401(l)(b), MCA. The only evidence of the defendant's threat to inflict bodily injury on the liquor store clerk (the threat being an essential element of the crime charged) is the repetition by the…”
State v. Madera, 670 P.2d 552 (Mont. 1983).
“The count of robbery was based upon section 45-5-401(1)(a), MCA, charging that LaMere "in the course of committing a theft, purposely or knowingly inflicted bodily injury upon [a woman].”
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981).
“Section 45-5-401, MCA provides: “(1) A person commits the offense of robbery if in the course of committing a theft he: “(a) inflicts bodily injury upon another; “(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of…”
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treatment. Dots show Syfertize treatment of the citing case itself.