Legal Opinion

State v. Crowe

Montana Supreme Court

Decided May 25, 1909No. 2,658PublishedCited by 29 opinions

Appeal from, District Court, Yelloio stone County; Sydney Fox, Judge. Anthony J. Crowe was convicted of assault in the second degree and appeals. A layman may be permitted to testify as to the sanity or insanity of a defendant, he first having detailed the facts upon which he bases his conclusion. (State v. Schuff, 9 Idaho, 115, 72 Pac. 664; Connecticut M. L. Ins.

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Appeal from, District Court, Yelloio stone County; Sydney Fox, Judge. Anthony J. Crowe was convicted of assault in the second degree and appeals. A layman may be permitted to testify as to the sanity or insanity of a defendant, he first having detailed the facts upon which he bases his conclusion. (State v. Schuff, 9 Idaho, 115, 72 Pac. 664; Connecticut M. L. Ins. Co. v. Lothrop, 111 U. S. 612, 28 L. Ed. 536; Holland v. Zollner, 102 Cal. 633, 36 Pac. 930; Burt v. State, 38 Tex. Cr. 397, 40 S. W. 1000, 43 S. W. 344, 39 L. R. A. 305; People v. Young, 151 N. Y. 210, 45 N. E. 460; Elliott on…

1Opinion of the CourtJustice Holloway

delivered the opinion of .the court.

The defendant was convicted of assault in the second degree, and appeals from the judgment and from an order denying him a new trial.

1. Upon the cross-examination of Pat Crowe, a brother of the defendant and a witness in his behalf, he was asked by the county attorney: “Are you the same Pat Crowe who was connected with the Cudahy kidnaping in Omaha?” And again: “You have been more or less directly connected with other offenses of the same character for the past eighteen years, have you not?” To each of the questions counsel for the defendant objected, but…

2Cases cited13 opinions

  1. Davis v. United StatesSupreme Court of the United States · 1895
  2. Goodwin v. StateIndiana Supreme Court · 1883
  3. Aszman v. StateIndiana Supreme Court · 1890
  4. Davidson v. StateIndiana Supreme Court · 1893
  5. People v. MetheverCalifornia Supreme Court · 1901

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

3Cited by29 opinions

  1. Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1951
  2. State v. PassamaMontana Supreme Court · 1993
  3. Schumacher v. Murray HospitalMontana Supreme Court · 1920
  4. Adair v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. West v. StateArizona Supreme Court · 1922

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

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