Montana Historical Society
Archives
RS 237
Montana. Criminal Law
Commission.
Montana Criminal Law Commission records
1957-1973
2 linear feet of shelf space
These records (1957-1973) of the Montana Criminal Law
Commission, which was created in 1963 to revise the Montana criminal code, include general
correspondence, minutes, reports, subject files, and working papers of the commission. Also
included are miscellaneous papers for the Supreme Court.
29:7-7
English
In 1963 the Montana Legislative Assembly established the Montana Criminal Law Commission.
The eleven-member Commission was to review the criminal code and suggest changes resulting
in uniform and simplified procedures and laws. Associate Justice Wesley Castles of the
Montana Supreme Court was appointed to the Commission and served as its chairman.
The Commission completed the first phase of its project in 1966. A proposed code of
criminal procedure was submitted to the Supreme Court and all members of the bench and bar
for consideration and suggestions. The proposed code was passed by the 1967 Legislative
Assembly and became effective on January 1, 1968. The second phase of the revision consisted
of the substantive criminal law which provided for definitions of crimes. The proposed code,
including several minor changes in the 1967 procedure code, was also submitted to the bench
and bar of the state. The proposed criminal code was passed by the 1973 Legislative Assembly
and became effective on January 1, 1974.
During late 1973 and early 1974, seminars on the new criminal code were conducted by
members of the Commission. Sponsored by the Montana Supreme Court, the Criminal Law
Commission, and the Montana Bar Association, grant funds were provided by the State Board of
Crime Control.
These records of the Montana Criminal Law Commission consist of inter-office
correspondence, general correspondence, press releases, minutes, reports, subject files,
writings, and miscellany. The subject files contain information and drafts of various
chapters and sections of the code and are arranged alphabetically. The writings contain
comments submitted by members, drafts of the code, a list juxtaposing old and new sections
of the code, model jury instructions developed for the seminars, outlines for arranging the
code, and page proofs.
The collection is arranged by series.
Collection is open for research.
The Montana Historical Society is the owner of the materials in the Research Library and
makes available reproductions for research, publication, and other uses. Written permission
must be obtained from the Research Library before any reproduction use. The Society does not
necessarily hold copyright to all of the materials in the collections. In some cases,
permission for use may require seeking additional authorization from the copyright owners.
item description and date. Collection Title. Collection Number. Box and Folder numbers.
Montana Historical Society Research Center, Archives, Helena, Montana.
Acquisition information available upon request
This collection is indexed under the following headings in the Montana Historical Society
Archives catalog. Researchers desiring materials about related topics, persons, or places
should search under these terms.
Abortion--Law and legislation--Montana.
Animal welfare--Law and legislation--Montana.
Birth control--Law and legislation--Montana.
Criminal law--Montana.
Criminal procedure--Montana.
Drugs--Law and legislation--Montana.
Gambling--Law and legislation--Montana.
Homosexuality--Law and legislation--Montana.
Sex crimes--Law and legislation--Montana.
Montana
Civil Procedure and Courts
Detailed Description of the Collection
Interoffice Correspondence
1 / 1
Miscellaneous (correspondents include Wesley Castles,
E. Gardner Brownlee, Charles F. Moses, W. W. Lessley, Russell K. Fillner, John M.
McCarvel, Larry M. Elison)
1963-1967
1 / 2
Miscellaneous (correspondents include Wesley Castles,
Charles F. Moses, Harold Pounds, Larry M. Elison, M. Dean Jellison, John F. Lynch,
William F. Crowley, W. W. Lessley)
1968-1973
General Correspondence
1 / 3
Miscellaneous (correspondents include Forrest H.
Anderson, Russell K. Fillner, William F. Crowley, Charles F. Moses, Edwin M. Briggs,
Larry M. Elison, Wesley Castles, Thomas Dignan)
1961-1964
1 / 4
Miscellaneous (correspondents include Wesley Castles,
Ted James, Denzil R. Young, Sherman S. Cook, Jr., Robert E. Sullivan, W. H. Joe
Morris, E. Gardner Brownlee)
1965-1967
1 / 5
Miscellaneous (correspondents include Wesley Castles,
Rev. Richard Hopkins re abortion laws, Allen Smith Company, Philip C. Duncan, Gerald
R. Raunig re birth control laws, Ruben J. Schmidt re homosexuality, Edward T. Jonutis)
1968-1970
1 / 6
Miscellaneous (correspondents include Wesley Castles,
Governor's Crime Control Commission, Conrad B. Fredericks, Gordon R. Hickman)
1971-1972
1 / 7
Miscellaneous (correspondents include Wesley Castles,
John C. Hall, Allen Smith Company, E. Gardner Brownlee, Montana Board of Crime
Control, American Law Institute, James T. Harrison, Montana Bar Association)
1973
Minutes
1 / 8
Montana Criminal Law Commission
1963-1965
Press Releases
1 / 9
Miscellaneous (re seminars on newly passed
legislation, appointment of Judge Thomas Dignan, printing of Criminal Code of 1970)
1963, 1965, 1970
Reports
1 / 10
Criminal Law Commission interim reports
undated
Subject Files
1 / 11
Abortion
1970, undated
1 / 12
Appeal by state; appeal by defendant
undated
1 / 13
Arraignment of defendant from 1947 revised codes
(includes notes)
1947, 1964
2 / 1
Arrest (chapter draft and analysis)
1964-1965
2 / 2
Assault (approved and final proposal)
1968
2 / 3
Bail (1947 code; legislation; chapter draft)
1964-1970
2 / 4
Burglary (chapter draft)
1969-1970
2 / 5
Cattle rustling (chapter draft by Charles F. Moses)
undated
2 / 6
Charging an offense (chapter draft, analysis)
1965, undated
2 / 7
Competency of accused (analysis, commentary)
1963-1965
2 / 8
Confession procedures (Washington law)
1961, undated
2 / 9
Corporations and corporation code (paper by Briggs)
1970
2 / 10
Cruelty to animals (paper by Russell K. Fillner)
undated
2 / 11
Dangerous drugs (chapter draft, legislation,
clippings)
1967-1970, undated
2 / 12
Discovery and production of evidence (committee
report, alternative proposals)
1965
2 / 13
Double jeopardy (chapter draft)
1968
2 / 14
Escape (draft by Wesley Castles)
1970
2 / 15
Evidence (chapter draft and comments)
1965
2 / 16
Gambling (model anti-gambling act)
undated
2 / 17
Grand jury (chapter draft)
1965
2 / 18
Habeas corpus (chapter draft)
1965
2 / 19
Homicide (final proposal, analysis)
1968, undated
2 / 20
Initial appearance of arrested person (comments by
Charles F. Moses)
1965
2 / 21
Jurisdiction and venue (chapter draft, analysis)
1964, undated
2 / 22
Prosecution of criminal actions in justice and police
courts (chapter draft)
undated
2 / 23
Justifiable use of force (chapter draft)
1970
2 / 24
Kidnaping and related offenses (final proposal)
1968
2 / 25
Larceny (comparison to model penal code; recommended
changes)
undated
2 / 26
Leave to file information (chapter draft, analysis,
comment)
1964-1965
2 / 27
Move to quash and pleas (chapter draft)
1964
3 / 1
Offenses against the family (chapter drafts on
prostitution, bigamy, public indecency)
1968
3 / 3
Offenses against public order (chapter drafts)
1970
3 / 4
Plea discussion and agreement (chapter draft, adopted
prefatory note)
1968, undated
3 / 5
Police discretion (paper by Herman Goldstein)
1969
3 / 6
Post-conviction procedure (memo, uniform state law,
chapter draft, committee report)
1964-1965
3 / 7
Post-trial motions (chapter draft)
1965
3 / 8
Pre-trial motions (chapter draft)
1965
3 / 9
Preliminary examinations (chapter draft and analysis)
1964-1965
3 / 10
Right to counsel (chapter draft and comment, Defender
Newsletter article)
1963-1965
3 / 11
Robbery (comparison to Illinois, final proposal)
1968, undated
3 / 12
Search and seizure (chapter draft, comments)
1964, undated
3 / 13
Sentence Review Division of the Supreme Court of the
State of Montana
1970
3 / 14
Sexual crimes (chapter drafts)
1968-1969
3 / 15
Status of convicted persons (uniform act, final
draft)
1964, undated
3 / 16
Theft and related offenses (chapter drafts)
1968-1969
3 / 17
Traffic codes and court (chapter drafts)
1969
3 / 18
Trial in District Court (chapter draft)
1965
3 / 19
Violation of privacy (chapter draft)
1970
Writings
3 / 20
Comments on our Present Criminal Code
undated
3 / 21
Comments on Proposed Montana Code of Criminal
Procedure by Charles F. Moses
1966
3 / 22
Comments on the Proposed Montana Criminal Code of
1970 by E. Gardner Brownlee
1970
3 / 23
Draft of code
undated
3 / 24
Final Proposal of the Criminal Law Commission
1969
4 / 1
Montana Criminal Code of 1973, Annotated
1973
4 / 2
Juxtaposed sections
undated
4 / 3
Model jury instructions
c 1973
4 / 4
Outlines of Montana Code of Criminal Procedure
1963-1964, undated
4 / 5
Page proofs
1972
4 / 6
Miscellaneous notes
undated
Miscellany
4 / 7
Advisory Committee on Rules of Civil Procedure to the
Supreme Court of Montana
1964
4 / 8
Board of Pardons list of pardons and communications
of sentence granted
1971-1972
4 / 9
Court cases
1960, 1965
4 / 10
Distribution lists and order form for revised
criminal code pamphlet
undated
5 / 1
Forms for court actions
1964, undated
5 / 2
House Bill 203 (creating Commission)
1963
5 / 3
Information re laws in Illinois, Pennsylvania, New
Jersey, South Dakota, and Arkansas
1964-1971, undated
5 / 4
Montana Bar Association meeting re Commission
seminars
1973
5 / 5
Montana Judges' Association meeting
1969
5 / 6
Montana State Crime Commission report
1930
5 / 7
Reports of the Chief Justice of the Supreme Court of
Montana
1957-1960
5 / 8
Seminars on criminal code
1967, 1973
5 / 9
Senate Bill 20 (procedures code)
1967
5 / 10
Senate Bill 109 (criminal code)
1973
5 / 11
Supreme Court re Montana Rules of Criminal Procedure,
appeals from injunction orders
1963, 1968