Terms Used In Montana Code > Title 46 > Chapter 16 > Part 6 - Verdict -- Disposition of Defendant

• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Included offense: means an offense that:

  (a)is established by proof of the same or less than all the facts required to establish the commission of the offense charged;

  (b)consists of an attempt to commit the offense charged or to commit an offense otherwise included in the offense charged; or

  (c)differs from the offense charged only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission. See Montana Code 46-1-202

• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
• Juror: A person who is on the jury.
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Verdict: The decision of a petit jury or a judge.