Legal Opinion

State v. Smith

Montana Supreme Court

Decided March 8, 1920No. 4,476PublishedCited by 17 opinions

Appeal from District Cowt, Custer County; A. C. Spencer? Judge. W. K. Smith was convicted of sedition, and appeals from the judgment and from an order denying a new trial. A witness cannot be cross-examined upon collateral matters merely for the purpose of contradicting him.

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Appeal from District Cowt, Custer County; A. C. Spencer? Judge. W. K. Smith was convicted of sedition, and appeals from the judgment and from an order denying a new trial. A witness cannot be cross-examined upon collateral matters merely for the purpose of contradicting him. The statute prescribes the methods whereby a witness may be impeached, and he cannot be discredited by testimony of the character offered by the state in this ease; nor is it permissible to question the defendant for the purpose of degrading him before the jury. The accused cannot be cross-examined as to a matter that is…

1Opinion of the CourtJustice Matthews

Appellant was convicted, in the district court of Custer county of the crime of sedition, sentenced to imprisonment for a term not less than ten nor more than twenty years, and to pay a fine of $20,000, and appeals from the judgment and from the order of the court denying his motion for a new trial.

The information charges six alleged seditious utterances, in. the conjunctive and in a single count, and fixes the time as “on or about the eighth day of June, 1918.” It will be recalled that the Sedition Act (Acts Ex. Sess. 1918, Chap. 11) became effective, by the signature of the governor, on…

2Cases cited34 opinions

  1. Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
  2. People v. WellsCalifornia Supreme Court · 1893
  3. Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
  4. People v. SchmitzCalifornia Court of Appeal · 1908
  5. State v. HowardMontana Supreme Court · 1904

29 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Vonault v. O'RourkeMontana Supreme Court · 1934
  2. State v. ShannonMontana Supreme Court · 1933
  3. State v. BrooksMontana Supreme Court · 1920
  4. State v. RichardsonMontana Supreme Court · 1922
  5. State v. PattonMontana Supreme Court · 1936

12 more not listed; retrieve them via the Exa API.

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