State v. Prouty
Montana Supreme Court
Appeals from District Court, Lewis and Clark County; R. Lee Word, Judge. Arthur D. Prouty was convicted of an attempt to commit rape. From the judgment and from an order denying his motion for a new trial, he appeals. The court erred in overruling defendant’s objection to the introduction in evidence of the clothing worn by the prosecuting witness at the time of the assault.
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Appeals from District Court, Lewis and Clark County; R. Lee Word, Judge. Arthur D. Prouty was convicted of an attempt to commit rape. From the judgment and from an order denying his motion for a new trial, he appeals. The court erred in overruling defendant’s objection to the introduction in evidence of the clothing worn by the prosecuting witness at the time of the assault. It is the contention of the defendant that in view of the facts in this case, as shown by the state’s witnesses, the clothing in question does not throw any light upon any controverted question of fact, and does not serve…
1Opinion of the CourtJustice Holloway
The defendant was convicted of an attempt to commit rape, and appealed from the judgment and from an order denying his motion for a new trial.
Only three errors are assigned: (1) The admission in evidence of articles of apparel worn by the prosecuting witness at the time the assault is alleged to have been made; (2) the admission of evidence tending to show the extent of the injuries received by the prosecuting witness during the same evening; and (3) the refusal to grant a new trial on the ground of newly discovered evidence.
[1] 1. In their brief counsel for defendant contend that the muddy,…
2Cases cited9 opinions
- State v. JonesMontana Supreme Court · 1914
- State v. MatkinsMontana Supreme Court · 1912
- State v. HallMontana Supreme Court · 1918
- State v. LewisMontana Supreme Court · 1916
- State v. Van LaninghamMontana Supreme Court · 1918
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3Cited by7 opinions
- State v. HayMontana Supreme Court · 1948
- State v. TotterdellMontana Supreme Court · 1959
- State v. RobinsonMontana Supreme Court · 1939
- State v. GangnerMontana Supreme Court · 1925
- State v. RayMontana Supreme Court · 1930
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