(Download) "State v. Broadwater" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Broadwater
- Author : Supreme Court of Montana
- Release Date : January 08, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Criminal Law ? Grand Larceny ? Evidence ? Motives ? Res Gestae ? Commission of Other Offenses ? New Trial. Criminal Law ? New Trial ? When Order Granting, Affirmed. 1. If the district court was warranted in granting a motion for a new trial on any one of the grounds urged, the order will be affirmed; and it is only in exceptional cases supported by cogent reasons that the supreme court will set aside such an order, especially in a criminal case. Same ? Insufficiency of Evidence ? Discretion ? Conflict in Evidence ? When Refusal Error. 2. An application for a new trial on the ground that the evidence is insufficient to justify the verdict, or that the verdict is contrary to the evidence, is addressed to the sound discretion of the trial court, and where there is a substantial conflict in the evidence its action on the motion will not be disturbed; where, however, there is no substantial evidence to support the verdict, it is its duty, as a matter of law, to set aside the verdict, and its refusal to do so is error. Same ? Larceny ? Evidence ? Motives ? Admissibility. 3. Where in a prosecution for cattle-stealing a witness for the state had testified that on discovering the tracks of a number of cattle and a horse leading in the direction of defendants place he had followed them, a question asking his reasons for following them did not call for a conclusion but for a fact, and was proper. Same ? Res Gestae ? What Inadmissible Under Doctrine. 4. Res gestae in the law of evidence include all those facts and circumstances which grow out of the litigated act, are contemporaneous with it and serve to illustrate its character, i.e., are a part of the act itself; therefore statements unconnected with that act are not part of the res gestae and are inadmissible. Same ? Evidence of Other Offenses Inadmissible. 5. In a prosecution for the larceny of cattle, admission of testimony tending to show that defendant had slaughtered cattle other than those alleged to have been stolen and thus had violated the provisions of section 3346, Revised Codes of 1921, in failing to keep the hides - Page 351 for ten days, was error, under the rule that upon the trial of one accused of crime, evidence of a distinct and separate offense is not admissible.
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