State v. Ballew

This is an appeal from a conviction of deviate sexual conduct, entered in the district court, Yellowstone County. Defendant raises five issues on appeal:(1) Is section 94-5-505, R.C.M.1947, unconstitutionally vague, indefinite and uncertain?(2) Did the district court err by giving an incorrect instruction on the statutory elements of the offense?(3) Did the-district court err in refusing an instruction on the necessity of viewing the complaining witness’ testimony with caution?(4) Did the district court err in refusing defendant’s proposed instruction on impeachment of witnesses?(5) Does the…