Maki v. State
Wyoming Supreme Court
ERROR to the District Court, Uinta County, HoN. David H. Craig, Judge. The material facts are stated in the opinion. Testimony given, either under oath or otherwise, at the coroner’s inquest by persons under arrest or suspected of crime is not admissible upon their subsequent trial for the crime then under investigation. Such testimony cannot be regarded as voluntary. (Tuttle v. People, 33 Colo. 243, 79 Pac. 1035, 70 R. R. A. 33; Twiggs v. State, (Tex. Cr.
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ERROR to the District Court, Uinta County, HoN. David H. Craig, Judge. The material facts are stated in the opinion. Testimony given, either under oath or otherwise, at the coroner’s inquest by persons under arrest or suspected of crime is not admissible upon their subsequent trial for the crime then under investigation. Such testimony cannot be regarded as voluntary. (Tuttle v. People, 33 Colo. 243, 79 Pac. 1035, 70 R. R. A. 33; Twiggs v. State, (Tex. Cr. App.) 75 S. W. 531; State v. Spier, 86 N. C. 600; State v. Hdw-Co., 109 Mo. 118.) The early English cases denied the admissibility of such…
1Opinion of the Court
Scott, Justice.
An information was filed in the District Court of Uinta County on November 4, 1908, charging Charles Maki with the crime of murder in the first degree. He was duly arraigned, pleaded not guilty and was subsequently tried and found guilty of manslaughter. He filed a motion for a new trial which was overruled, judgment was pronounced against him upon the verdict, and he brings error.
1. The plaintiff in error was sworn and testified as a witness at the. coroner’s inquest. The coroner testified as a witness at- the trial on behalf of the State and inquiry was made as to statements…
2Cases cited13 opinions
- The People v. . McMahonNew York Court of Appeals · 1857
- State v. YoungSupreme Court of Missouri · 1894
- The People v. . MondonNew York Court of Appeals · 1886
- Tuttle v. PeopleSupreme Court of Colorado · 1905
- State v. CliffordSupreme Court of Iowa · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Wood v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- Vasquez v. StateWyoming Supreme Court · 1999
- State v. CrankUtah Supreme Court · 1943
- Jerskey v. StateWyoming Supreme Court · 1976
- Dryden v. StateWyoming Supreme Court · 1975
24 more not listed; retrieve them via the Exa API.