[Download] "State v. Mcknight" by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Mcknight
• Author : Supreme Court of Montana
• Release Date : January 25, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

CRIMINAL LAW, Receiving Stolen Property Knowing It To Be Stolen, Thief of Stolen Cattle as Accomplice ? EVIDENCE, Accomplice Testimony, Admissibility of, Corroboration ? INSTRUCTIONS, as to Accomplice Testimony, Thief as Accomplice of One Receiving Stolen Property ? WITNESSES, Opening of General Subject by Direct Examination Allowing Cross Examination to go into any Phase, Right of Cross Examination. 1. Witnesses ? Cross-examination held proper. In prosecution for buying stolen cattle knowing same to have been stolen, wherein person who stole cattle was called as witness for state and asked on direct examination if he had ever sold or otherwise disposed of any cattle he had stolen, state opened door concerning disposition of cattle, and sale of any of stolen cattle to persons other than defendant, price obtained for them, and fact cattle so sold had been inspected for brands and passed by state Livestock Commissions expert brand inspectors were relevant and proper subjects for cross-examination. 2. Witnesses ? Right of cross-examination a valuable right. Right of cross-examination is valuable and substantial right, and courts should incline to extend, rather than to restrict it. 3. Witnesses ? Wide latitude should be given in cross-examination. As a general rule, a wide latitude should be permitted in cross-examination of an adverse witness. 4. Criminal Law ? Refusal of court to give proper instructions defining accomplices, held error. Theif, who stole cattle and sold them to defendant and took check payable to fictitious person in whose name he had recorded brand, who forged bill of sale, made arrangements for pasture for stolen cattle and who helped drive them to an area some 25 miles further from owner after he had delivered cattle to defendant, was a "principal" and an "accomplice" of defendant in crime of receiving of stolen property, and refusal of court to give proper instructions defining accomplices and proper instructions with respect to corroboration of accomplices was prejudicial error. 5. Criminal Law ? Who may be an accomplice. One who steals personal property and sells it to another may, under a proper state of facts, be considered an accomplice of buyer of stolen property. 6. Criminal Law ? Separate crimes do not become merged. If, in addition to having stolen property, thief by his subsequent acts becomes an accomplice to further crime of receiving stolen property, two separate crimes do not become merged nor would conviction for theft save thief from conviction as principal or - Page 9 accomplice to subsequent substantive crime of receiving stolen personal property.

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