State v. Smith
Montana Supreme Court
1Opinion of the CourtChief Justice Turnage
¶1 Ernest G. Smith was convicted of sexual assault in a jury trial in the Twelfth Judicial District Court, Hill County. Smith appeals. We affirm.
¶2 The issue is whether the District Court erred in prohibiting Smith’s character witnesses from giving their opinions that Smith, due to his good character, was not capable of committing the charged offenses.
¶3 In July 1996, Smithandhis wife went camping with some friends at Beaver Creek Park in Hill County, Montana. Among the others camping with them were two fourteen-year-old girls, J.G. and K.G., and J.G.’s family. Both J.G. and K.G. testified at…
2Cases cited10 opinions
- Mathie v. FriesCourt of Appeals for the Second Circuit · 1997
- People v. McAlpinCalifornia Supreme Court · 1991
- State v. AndersonMontana Supreme Court · 1984
- United States v. Luis Albert GillespieCourt of Appeals for the Ninth Circuit · 1988
- State v. GollehonMontana Supreme Court · 1993
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3Cited by5 opinions
- State v. EnrightMontana Supreme Court · 2000
- State v. RogersMontana Supreme Court · 1999
- Samson v. StateMontana Supreme Court · 2003
- Samson v. StateMontana Supreme Court · 2003
- State v. HunterMontana Supreme Court · 2000