State v. Nicks

MR. JUSTICE ANGSTMAN:

Defendant was convicted of the crime denounced by section 94-4106, R.C.M. 1947, of committing lewd and lascivious acts upon the person of a minor child below the age of sixteen years, alleged to have been committed on or about the 19th day of March 1955. His motion for a new trial was denied and he has appealed from the judgment of conviction. At the trial and over defendant’s objection as being too remote in point of time, the State was permitted to show similar acts to those charged here as having been committed on August 4, 1951, and in June 1951 in the State of…