Legal Opinion

State v. McClellan

Montana Supreme Court

Decided February 5, 1900No. 1,479PublishedCited by 15 opinions

Appeal from District Court, Ravalli County, Franlc U. Woody, Judge. Arthur McClellan and Michael Horeigan were convicted of robbery, and they appeal. It is never permissible for the defendant, in cross-examining the plaintiff’s witness, to inquire of matters which constitute an affirmative defense. Such a course isopen to the twofold objection that it is not proper cross-examination, and that it reverses the order of proof.

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Appeal from District Court, Ravalli County, Franlc U. Woody, Judge. Arthur McClellan and Michael Horeigan were convicted of robbery, and they appeal. It is never permissible for the defendant, in cross-examining the plaintiff’s witness, to inquire of matters which constitute an affirmative defense. Such a course isopen to the twofold objection that it is not proper cross-examination, and that it reverses the order of proof. Null v. State, 93 Ind. 128; Schmidt v. Schmidt, 47 Minn. 451; Sterling v. Bode, 37 Minn. 29; Wendt v. Chicago, etc. R. Co., 4 S. Dak. 476; Da Lee v. Bladéburn, 11 Kan.…

1Opinion of the CourtJustice Hunt

Defendants appeal from a judgment of conviction of robbery and from an order overruling their motion for a new trial.

1. On the trial, defendants introduced evidence tending to support an alibi. The court gave the following instruction at the request of the state (No. 13): “The court instructs the jury that the defense of alibi, to be entitled to consideration, must be such as to show that at the very time of the commission of the crime charged the accused was at another place, so far away, or under such circumstances, that he could not, with any ordinary exertion, have reached the place where…

2Cases cited11 opinions

  1. State v. Spotted HawkMontana Supreme Court · 1899
  2. State v. TaylorSupreme Court of Missouri · 1893
  3. Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
  4. State v. HamiltonSupreme Court of Iowa · 1881
  5. State v. MaherSupreme Court of Iowa · 1888

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

3Cited by15 opinions

  1. State v. KeerlMontana Supreme Court · 1904
  2. State v. FelkerMontana Supreme Court · 1903
  3. State v. DarchuckMontana Supreme Court · 1945
  4. State v. VettereMontana Supreme Court · 1926
  5. State v. DotsonMontana Supreme Court · 1902

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

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