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

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eBook details

• Title: State v. Hogan
• Author : Supreme Court of Montana
• Release Date : January 27, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Criminal Law ? Robbery ? Witnesses ? Swearing Falsely ? Erroneous Instruction as to Weight to be Given Testimony ? Reversible Error ? Misconduct of County Attorney During Argument ? Request for Presence of Court Stenographer ? Refusal by Court Held Abuse of Discretion. Criminal Law ? Robbery ? Witnesses ? Erroneous Instruction as to Weight to be Given Testimony of Witness Swearing Falsely ? Reversible Error. 1. Instruction in a prosecution for robbery that the jury could disregard the entire testimony of a witness believed by it to have wilfully and deliberately testified falsely to any material fact unless he was corroborated by other and credible evidence, though section 10672, subdivision 3, Revised Codes 1921, goes no further than to declare that a witness false in one part of his testimony is to be distrusted in others, held prejudicially erroneous, irrespective of the fact that defendant had admittedly suffered four previous convictions for felony; the rule is applicable in civil cases as well. Same ? Misconduct of Prosecuting Officer During Argument ? Conduct Condemned. 2. Conduct of county attorney in calling the attention of the jury to the fact that defendant, charged with robbery, had participated in a second robbery on the night in question, although there was no evidence in the record with relation thereto, whereupon defendants counsel objected and requested the presence of the court stenographer, but without waiting for a ruling of the court, the prosecutor repeated his statement, the court then requesting him to withdraw his remarks, which he did in a manner deemed objectionable by defendants counsel, the court then admonishing the jury to disregard the incident, held unjustifiable. Same ? Counsel Requesting Court to Require Court Stenographers Presence During County Attorneys Argument ? Refusal of Request by Court Held Abuse of Discretion. 3. Though the matter of requiring the presence of the official court stenographer in court lies within the sound legal discretion of the district court, its refusal to comply with the request of counsel for defendant for his presence in a prosecution for robbery during the course of prosecuting attorneys closing argument deemed objectionable, was an abuse of such discretion, rendered harmless, however, by the fact that objecting counsel was able to have a common-law bill of exceptions settled sufficient to preserve defendants rights.

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