(Download) "State v. Moorman" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Moorman
- Author : Supreme Court of Montana
- Release Date : January 16, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
CRIMINAL LAW ? RAPE ? TRIAL ? WITNESSES. 1. Criminal Law ? Burden of Proof. In criminal cases, the burden of proof never shifts, but the burden of the evidence may shift frequently. 2. Witnesses. Adverse witness statute is not applicable to a criminal proceeding. 3. Witnesses ? No error by court in sustaining objections. In prosecution for statutory rape, trial court did not err in sustaining objections to questions propounded to witnesses for the state in view of fact such questions all dealt with actions of the witnesses on the stand or actions of investigating officers after time of the criminal offense, and were therefore improper cross-examination dealing entirely with irrelevant and immaterial matters. 4. Rape ? Showing of previous unchaste character. In prosecution for statutory rape, defendant was not entitled to show previous unchaste conduct with another by the prosecuting witness. 5. Witnesses ? Cross-examination not objectionable. In prosecution for statutory rape, where defendant introduced character witnesses and asked them whether they knew of the defendants reputation for morality, cross-examination by state of such witnesses by asking them whether or not they had heard any "reports" or "rumors" that defendant had attempted to assault a woman, did not support his minor child, and had shot at his wife with a pistol, was not objectionable on theory that such questions embodied a statement of fact, which could not be proved by independent evidence, or on theory that they were not confined to particular trait of character in question, or on theory that there was no testimony that such rumors were within the community in which defendant lived. - Page 149
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