[DOWNLOAD] "State v. Searle" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Searle
• Author : Supreme Court of Montana
• Release Date : January 21, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

1. Criminal Law ? Repeated offers of incompetent evidence. In sodomy prosecution, evidence of the same kind as that previously ruled incompetent should not be repeatedly offered in the hearing of the jury and, if so offered, even though rejected, such offers may be ground for reversal. 2. Criminal Law ? Other offenses, evidence of properly executed. In sodomy prosecution, court properly excluded evidence concerning alleged like acts allegedly committed by defendant on boys other than the prosecuting witness. 3. Criminal Law ? Instruction when accomplice is a minor. In sodomy prosecution, court properly instructed that in order to constitute a minor an accomplice in the perpetration of a crime, it must appear by clear proof that at time of commission of the act the minor understood the nature and effect of the act that constituted - Page 468 the offense, that the act was forbidden, that he was committing a wrongful act, and that he actually and knowingly consented to be a party to the alleged offense. 4. Witnesses ? Defendant unduly restricted in cross-examination. In sodomy prosecution defendant was unduly restricted in cross-examination of prosecuting witness where defendant was not permitted to develop the fact that prosecuting witness knew that the act in question was forbidden by law. 5. Witnesses ? Juveniles ? Contradictory evidence refusal to allow held error. Court erred in refusing to permit defendant to introduce contradictory testimony which prosecuting witness had given at juvenile hearing, on ground that such evidence was rendered inadmissible by statute providing that disposition of delinquent child or any evidence given in juvenile court shall not be admissible as evidence against the child in any other case or proceeding. 6. Witnesses ? Juveniles ? Purpose of statute (10-611) as to admissibility of evidence. Purpose of statute providing that disposition of delinquent child or any evidence given in juvenile court shall not be admissible as evidence against the child in any other case or proceeding, is to protect children who have been before juvenile court. 7. Criminal Law ? Accomplices ? Corroboration. Where there is sufficient evidence tending to show that the prosecuting witness was an unwilling participant and submitted to the acts through fear and intimidation the question of corroboration was one for jury and motion for directed verdict was properly refused. 8. Criminal Law ? Accomplices ? Corroboration ? Instruction on acquittal should have been given. In sodomy prosecution, wherein the evidence disclosed that conviction stood on the uncorroborated testimony of prosecuting witness, court should have given requested instruction of defendant that if jury found that prosecuting witness was an accomplice within meaning of instructions given, then jury must acquit defendant because there was no evidence tending to connect defendant with commission of alleged offense, other than testimony of prosecuting witness. 9. Criminal Law ? Change of venue on new trial. Where judgment of conviction was reversed and cause was remanded with directions to grant defendant a new trial, if defendant should again apply for change of venue, inquiry was required to be limited to question whether defendant could at the time of the new trial have a fair and impartial trial.

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