State v. Vinn
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayres, Judge. Frank Yinn was convicted of tbe crime of rape, and appeals from the judgment and order denying Mm a new trial.
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Appeal from District Court, Fergus County; Boy E. Ayres, Judge. Frank Yinn was convicted of tbe crime of rape, and appeals from the judgment and order denying Mm a new trial. The court erred in admitting the testimony of the prosecutrix as to her age, based upon an alleged baptismal record or certificate, for the reason that any information or knowledge gained by the prosecutrix by reason of any alleged baptismal certificate, would be calling for hearsay testimony; but this kind of evidence could not be received under any circumstances where the mother of the child was present in court as a…
1Opinion of the CourtChief Justice Brantly
The defendant, charged by information with statutory rape, committed in Fergus county upon Florence Vinn, a female under the age of eighteen years, was convicted and sentenced to a term of service in the state prison. He has appealed from the judgment and an order denying his motion for a new trial. He was first accused by indictment found and presented by a grand jury on February 27 of this year. Upon arraignment thereon he entered his plea of not guilty, and the trial was set for March 11. At that time, after a jury had been impaneled, an objection by counsel to the introduction of evidence…
2Cases cited17 opinions
- People v. RatzCalifornia Supreme Court · 1896
- Bain v. StateSupreme Court of Alabama · 1878
- People v. MayneCalifornia Supreme Court · 1897
- State v. PeresMontana Supreme Court · 1903
- State v. BowserMontana Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. JustMontana Supreme Court · 1979
- State v. EbelMontana Supreme Court · 1932
- State v. GaimosMontana Supreme Court · 1916
- State v. PetersMontana Supreme Court · 1965
- Raullerson v. PeopleSupreme Court of Colorado · 1965
26 more not listed; retrieve them via the Exa API.