[DOWNLOAD] "State v. Whitmore" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Whitmore
- Author : Supreme Court of Montana
- Release Date : January 17, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Criminal Law ? Rape ? Sufficiency of Information ? Variance ? Good Reputation of Defendant ? Evidence ? Instructions. Rape ? Information Charging Rape by Force ? Evidence Admissible. 1. An information charging rape accomplished by violence and force, and against the will and consent of the prosecuting witness, is sufficient and warrants proof either of resistance overcome by violence or superior force, or of threats of a nature to excuse nonresistance. Same ? Statute Defining Crime ? Meaning of Term "Unconscious." 2. The term "unconscious" as used in subdivision 5 of section 11000, Revised Codes 1921, defining the crime of rape, held not to have reference to the loss of physical or mental faculties on the part of the female through assault and violence; that sub-division having to do only with a situation where she is unconscious of the nature of the act. Same ? Pleading and Proof ? What Does not Constitute Variance. 3. Held, under the last above rule, that there was no variance between an information charging the commission of rape by violence and force, and the evidence of the prosecutrix that she was rendered helpless by a blow in the face which stunned her prior to the commission of the offense, even though she was unconscious or semi-conscious during its commission; such proof of her condition as a reason for nonresistance bringing the case within sub-division 3, of section 11000, supra, i.e., rape, where the resistance of the female is overcome by violence or force. Same ? Good Reputation of Defendant ? Proper Admission of Rebuttal Testimony as Against Objection That Witness not Qualified. 4. Where, in rebuttal to defendants attempt to establish his good reputation on a prosecution for rape, a young woman in testifying stated that his reputation was bad, speaking from personal knowledge, but later testified that she had talked with other women and knew of his reputation from what they said about him, the court did not err in refusing to strike her testimony. - Page 120 Same ? Good Character of Defendant ? Proper Refusal of Offered Instruction. 5. An offered instruction in a criminal prosecution that defendants good character may be sufficient to raise a reasonable doubt as to his guilt, although no such doubt would exist but for such good character, held properly refused as erroneous. Same ? Correct Instruction may be Refused if Subject Covered by Others. 6. Offered instructions, correctly stating the law but the subject matter of which was fully covered by instructions given, may properly be refused.