State v. De Hart
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Thos. C. Bach, Judge. C. H. De Hart was convicted of robbery, and appeals from the judgment. Error was committed in allowing the alleged confessions of defendant t'o go in without first determining whether they were given voluntarily or under duress. (State v. Sherman, 35 Mont. 512, 119 Am.
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Appeal from District Court, Lewis and Clark County; Thos. C. Bach, Judge. C. H. De Hart was convicted of robbery, and appeals from the judgment. Error was committed in allowing the alleged confessions of defendant t'o go in without first determining whether they were given voluntarily or under duress. (State v. Sherman, 35 Mont. 512, 119 Am. St. Eep. 869, 90 Pae. 981.) The cross-examination of a witness should be confined to matters brought out on direct examination, and to those matters only. This is especially true where the witness' is the defendant in a criminal action. (Philadelphia etc.…
1Opinion of the CourtJustice Smith
The defendant was convicted in the district court of Lewis and Clark county of the crime of robbery and appeals from the judgment. The prosecuting witness, the man alleged to have been robbed, was named Haar.
1. At the trial John F. Flannery, chief of police of Helena, a witness for the state, was asked: “Did you have any conversation with the defendant in regard to the alleged robbery of Haar?” Defendant’s counsel interposed this objection: “We object. No proper foundation has been laid. There has been no proof adduced as yet as to any conversation, nor as to any offense.” The objection was…
2Cases cited1 opinion
- State v. HowardMontana Supreme Court · 1904
3Cited by6 opinions
- State v. ByrdMontana Supreme Court · 1910
- State v. LuceroMontana Supreme Court · 1968
- State v. SchneiderNorth Dakota Supreme Court · 1926
- Hulse v. Northern Pacific Ry. Co.Montana Supreme Court · 1913
- Beirne v. Modern National ReserveMontana Supreme Court · 1910
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