State v. Davidson
South Dakota Supreme Court
Error to circuit court, Butte county. Hon. A. J. Plowman, Judge. WilliannC. Davidson was convicted of murder, and brings error. The facts are stated in the opinion. A witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issues, merely for the purpose of impeaching him by other evidence; and mere opinions which the witness may have formerly expressed are inadmissible. 1 G-reenl. Evi., § 449; 1 Whart. Crim.
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Error to circuit court, Butte county. Hon. A. J. Plowman, Judge. WilliannC. Davidson was convicted of murder, and brings error. The facts are stated in the opinion. A witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issues, merely for the purpose of impeaching him by other evidence; and mere opinions which the witness may have formerly expressed are inadmissible. 1 G-reenl. Evi., § 449; 1 Whart. Crim. Evi. §§ 457-459; Com’r v. Mooney, 110 Mass. 99. Where the prosecution cross-examines upon a collateral issue, it is bound by the answer. Davis v. State,…
1Opinion of the CourtCorson, P. J.
The defendant was indicted, tried and convicted of the crime of'murder, and, under the verdict of the jury, he was sentenced to state prison for life. The alleged murder was committed in the unorganized county of Wagner, adjoining Butte county, in which latter county the case was tried. The evidence against the defendant is what is known as “circumstantial evidence”, there being no direct proof that the *566defendant committed the murder. Giles, the deceased, was engaged in the business of ranching, and had a herd of cattle. He lived on his ranch with his wife and two children. Defendant Davidson…
2Cases cited6 opinions
- Drake v. StateCourt of Appeals of Texas · 1890
- Holmes v. AndersonNew York Supreme Court · 1854
- People v. WebbCalifornia Supreme Court · 1886
- Commonwealth v. MooneyMassachusetts Supreme Judicial Court · 1872
- People v. StackhouseMichigan Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. LunaSouth Dakota Supreme Court · 1978
- State v. ThompsonSouth Dakota Supreme Court · 1946
- State v. ClarkSouth Dakota Supreme Court · 1923
- State ex rel. Kiihl v. ChambersSouth Dakota Supreme Court · 1916
- State v. FurlowSouth Dakota Supreme Court · 1977
1 more not listed; retrieve them via the Exa API.