Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 57

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 57

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...control. Thus in the Rogers Case, 31 Mont. 1, 77 Pac. 293, the defendant was on trial for burglary; his brother was on the stand, and was asked as to whether he and the defendant had not gone on a certain trip for the purpose of committing robbery. The court said: "The questions, therefore, would convey the impression to the jury that the state's counsel had reason to believe that the defendant went to Cable for the purpose of committing a robbery. The fact that it was not intended to prejudice the defendant, or that the questions only accused the defendant of the intent to commit a crime, or that the negative answers of the witness were conclusive upon the state, could not free the questions of their objectionable character. It was certainly not to be expected that they would be answered in the atfirmative." The pr-opounding of the questions was held to be reversible error. But the respondent urges that if not proper for that purpose, the questions were proper for the purpose of impeachment. This is the same contention that was made in the case of State v. Kanakaris, 54 Mont. 180, 169 Pac. 42, and was disposed of by this court in the following language: "Upon the cross-examiner tion of the defendant he was asked many questions by the county attorney, the purpose of which was to show that he had been guilty of numerous minor offenses, independent of the crime for which he was being tried. The attorney could have had no other object in view than to impeach the defendant or degrade him in the estimation of the jury, and for either purpose the questions are forbidden by statute." (Secs. 8024, 8031, Rev. Codes.) "A witness, whether the accused or any other witness, may be discredited in any of the more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 1236875540
  • 9781236875549