State v. Rhys
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj Michael Donlan, Judge. J. H. Rhys was convicted of forgery, and appealed from the judgment of conviction and an order denying him a new trial. The purpose of the questions asked defendant and his wife on rebuttal was to show that he had committed forgeries other than the one with which he stood charged.
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Appeal from District Court, Silver Bow Countyj Michael Donlan, Judge. J. H. Rhys was convicted of forgery, and appealed from the judgment of conviction and an order denying him a new trial. The purpose of the questions asked defendant and his wife on rebuttal was to show that he had committed forgeries other than the one with which he stood charged. It is true that the court did order the testimony stricken from the record and instructed the jury to disregard it, and sustained objections to some of the questions asked. However, this does not change the situation. The harm lies in the asking…
1Opinion of the CourtJustice Holloway
The defendant was convicted of forgery, and appeals from the judgment and from an order denying him a new trial. The specifications of error relate to the rulings of the trial court in admitting evidence, and to the alleged misconduct of the county attorney.
1. Upon cross-examination of the defendant while a witness in his own behalf, he was asked by the county attorney: “Were you not in trouble of a similar character in May or June, having cashed a check taken from a letter sent from the Miner building to the United States postoffice at Butte, Mont., mailed in June, 1908 V’ Conceding that the…
2Cases cited9 opinions
- State v. HowardMontana Supreme Court · 1904
- State v. GleimMontana Supreme Court · 1895
- Martin v. CorscaddenMontana Supreme Court · 1906
- State v. CroweMontana Supreme Court · 1909
- State v. De LeaMontana Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Frederick v. HaleMontana Supreme Court · 1910
- State v. McDonaldMontana Supreme Court · 1915
- State v. HartMontana Supreme Court · 2000
- State v. HuertaMontana Supreme Court · 1997
- State v. CampbellMontana Supreme Court · 1990
11 more not listed; retrieve them via the Exa API.