(DOWNLOAD) "State v. Wilson" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Wilson
- Author : Supreme Court of Montana
- Release Date : January 09, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Criminal Law ? Rape ? Evidence ? Insufficiency ? Alibi ? Extent of Burden of Proof Resting on Defendant. Rape ? Appeal ? Insufficiency of Evidence ? New Trial ? Crime of Revolting Nature ? Supreme Court in More Advantageous Position to Determine Sufficiency of Evidence ? Reasons. 1. The general rule that an application for a new trial on the ground that the evidence is insufficient to justify the verdict or that the verdict is contrary to the evidence, is addressed to the sound discretion of the trial court, and that where a conflict appears in the evidence and the record contains substantial evidence to support the verdict, the action of the court in denying the motion will not be disturbed on appeal, has not the persuasive force it has in ordinary cases, in the case of a heinous crime, such as rape committed on a child eight years of age by one afflicted with gonorrhea, where the calm and deliberate judgment of court and jury may for the time being have been overcome by the recital of the revolting circumstances narrated by the witnesses; under such conditions the appellate court is in a more advantageous position to weigh the evidence adduced and determine whether the evidence was sufficient to warrant a verdict of guilty. Same ? When Judgment of Conviction will be Reversed on Ground of Insufficiency of Evidence. 2. The power of the jury in judging the effect of evidence is not arbitrary but is to be exercised with discretion and in subordination of the rules of evidence; hence where a conviction for rape was had on testimony of the prosecutrix so improbable as to destroy it as legal evidence, the judgment will be reversed and a new trial ordered. - Page 385