[DOWNLOAD] "State v. Evert" by In the Supreme Court of the State of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Evert
- Author : In the Supreme Court of the State of Montana
- Release Date : January 06, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The first exceptive assignments of error brought forward in appellants brief are Nos. 1, 7, 21, 22, 23, and 28. These exceptions are based upon the fact that the court permitted the witnesses for the State, over objection of defendant, to testify as to the condition of the defendants crop, which appellant contends served no purpose except to prejudice the jury against him. One witness, C. H. Smith, testified: "Two days after the killing I went over the crop. Looked it all over good. I dont think I have ever been in as sorry worked crop." These objections are all taken to the admission of evidence as to the conditions of the crops which the defendant was working as tenant of the deceased, to the terms of the contract between the deceased and the defendant, and to the refusal of the deceased to sign a lien waiver to enable the defendant to raise money on government mortgage with which to pay for tires and repairs to his automobile. All of this evidence was competent to show ill will of the defendant toward the deceased engendered by continued complaints made to him for the failure to sign lien waivers. We hold that the evidence assailed was competent to show motive. It was difficult to prove important and material facts without the witness giving evidence of them by speaking of them, it was inseparately connected with the evidence of the crime and the prisoner cannot successfully complain that it placed him in a bad light on the trial. S. v. Moore, 104 N.C. 743, 10 S.E., 183. There is nothing to indicate that evidence under discussion was introduced or used for the purpose of showing the character of the defendant or prejudice him before the jury.
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