Terms Used In Montana Code 46-20-703

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Dependent: A person dependent for support upon another.
• 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

• 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
• New trial: means a reexamination of the issue in the same court before another jury after a verdict or finding has been rendered. See Montana Code 46-1-202
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.