Legal Opinion · Dissent

State v. Brown

Utah Supreme Court

Decided April 2, 1928No. 4512Published

1DissentThurman, C. J.

I dissent from the opinion of the majority, not because the evidence was insufficient to sustain the verdict, but because evidence was admitted, over defendant’s objection, which, in my opinion, was irrelevant and inadmissible. I object to that portion of the evidence, not only because it was irrevelant for reasons I will state, but because it tended to prove another offense than that charged in the information, and thereby tended to prejudice the defendant and prevent him having a fair trial. The rule against admitting such evidence should be rigidly enforced by the courts in order to give a…

2Cases cited11 opinions

  1. State v. . SimonsSupreme Court of North Carolina · 1919
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1925
  3. Kelly v. StateCourt of Criminal Appeals of Texas · 1923
  4. Kelly v. StateCourt of Criminal Appeals of Texas · 1923
  5. Kendall v. CommonwealthCourt of Appeals of Kentucky · 1924

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