State v. Spencer
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Kandiyohi county, Powers, J., denying a motion for a new trial. Evidence of plaintiff’s declarations was incompetent. Stoppert v. Merle, 45 Neb. 105; Richmond v. State, 19 Wis. 326; State v..
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Appeal by defendant from an order of the district court for Kandiyohi county, Powers, J., denying a motion for a new trial. Evidence of plaintiff’s declarations was incompetent. Stoppert v. Merle, 45 Neb. 105; Richmond v. State, 19 Wis. 326; State v.. Tipton, 15 Mont. 74; Sidelinger v. Buclrlin, 64 Me. 371; Marvin v. Butcher, 26 Minn. 391. A prosecution for bastardy under the Minnesota statute is not of such a nature that the complainant is a party in interest within the rule excluding declarations by a party in his own favor. G. S. 1894, §§ 2051, 2052.
1Opinion of the CourtCollins, J.
The defendant stands convicted under the provisions of the bastardy act (G. S. 1894, c. 17). At the trial the court overruled objections made by his counsel, and permitted the prosecution to show by the mother of the female who accused defendant of the paternity of her bastard child that before it was born her daughter declared to her that defendant was its father. This was error for which a new trial must be granted.
These declarations were statements made by the person who at least had a direct pecuniary interest in the result of the action (State v. Nestaval, 72 Minn. 415, 75 N. W. 725), in…
Also in this document: Per curiam.
2Cases cited6 opinions
- Walker v. State ex rel. CorbinIndiana Supreme Court · 1841
- Stoppert v. NierleNebraska Supreme Court · 1895
- State v. NestavalSupreme Court of Minnesota · 1898
- Sidelinger v. BucklinSupreme Judicial Court of Maine · 1874
- State ex rel. Zehntner v. TiptonMontana Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. BriggsSupreme Court of Minnesota · 1913
- State v. LowellSupreme Court of Iowa · 1904
- Lepak v. LepakSupreme Court of Minnesota · 1935
- State v. WatzekSupreme Court of Minnesota · 1924
- People ex rel. Weese v. WelchAppellate Court of Illinois · 1908