People v. Larsen
Utah Supreme Court
Appeal from the district court' of the fourth judicial district, Hon James A. Miner, Judge. Charles H. Larsen appeals from a conviction of assault. An arrest or an indictment under the law is nothing more than a mere accusation. The question as to whether defendant had ever before been arrested for a similar crime was not permissible.
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Appeal from the district court' of the fourth judicial district, Hon James A. Miner, Judge. Charles H. Larsen appeals from a conviction of assault. An arrest or an indictment under the law is nothing more than a mere accusation. The question as to whether defendant had ever before been arrested for a similar crime was not permissible. People v. Hamblin, 68 Cal. 101; People v. Bishop, 81 Cal. 113; Ward v. Hdesheimer, 18 N. Y. Sup. 138; State v. Haff, 11 Nev. 17; Newcomb v. Oris-wold, 24 N. Y. 298; 1 Thomp. on Trials, § 535, and cases cited; 1 Green, on Ev. § 605, and note A.
1Opinion of the Court
Babtch, J.:
The defendant was indicted for an assault with intent to rape a female child of the age of 11 years, and was convicted of an assault. A motion for a new trial having been overruled, he appealed to this court. At the trial of the. cause the defendant submitted himself as a witness in his own behalf, and on cross-examination the court permitted the prosecuting attorney, over the objection and exception of counsel for the defendant that it was immaterial and irrelevant, to ask the following question: “Have you ever been arrested for a crime similar to this?” It is insisted that the…
2Cases cited6 opinions
- People v. MatherNew York Supreme Court · 1830
- Connors v. . the PeopleNew York Court of Appeals · 1872
- Brandon v. . the PeopleNew York Court of Appeals · 1870
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- State v. WentworthSupreme Judicial Court of Maine · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. ShockleyUtah Supreme Court · 1905
- State v. HougensenUtah Supreme Court · 1936
- State v. SysingerSouth Dakota Supreme Court · 1910
- Bircham v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1951
- State v. WilliamsUtah Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.