(DOWNLOAD) "State v. Totterdell" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Totterdell
- Author : Supreme Court of Montana
- Release Date : January 19, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
CRIMINAL LAW ? ASSAULT ? APPEAL AND ERROR ? TRIAL ? EVIDENCE. 1. Criminal Law ? Assault ? Questions not prejudicial. In prosecution for first degree assault arising out of a shooting of the victim in the back as he ran from the house in which the defendant lived, questions by the prosecutor allegedly put in such a way that they might imply that the defendant was acting or had acted as a "pimp" for his wife were not prejudicial in view of other evidence. 2. Criminal Law ? Prejudice must be shown. Before the Supreme Court will reverse a judgment, prejudice must be shown. 3. Criminal Law ? Defendant not entitled to complain of questions. Defendant was not entitled to complain of questions where no motion to strike or to admonish the jury was made. 4. Criminal Law ? Questions not prejudicial. In prosecution for assault where wife of defendant appeared as a defense witness and she admitted on cross-examination that her profession was that of a "prostitute", prosecutors question was not prejudicial where the wife had no character left at the conclusion of her direct examination. 5. Criminal Law ? Appeals on record only. Appeals can only be taken on the record made and not on the record that should have been made. 6. Criminal Law ? Use of proposed exhibit not prejudicial. In prosecution for assault where exhibit sought to be introduced by the county attorney was refused and the exhibit was a certified copy of a record of conviction of the defendants wife in Oregon, alleged fact that the exhibit was done up with large seals and ribbons and that it was waved before the jury in such a manner as to create a prejudicial effect could not be considered in light of the record. 7. Assault and Battery. Evidence was sufficient to sustain a conviction of first degree assault.