(DOWNLOAD) "State v. Gondeiro" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Gondeiro
- Author : Supreme Court of Montana
- Release Date : January 16, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Criminal Law ? Reckless Driving of Automobile ? Manslaughter ? Information ? Sufficiency ? Evidence ? Intoxication ? Bills of Particulars ? Discretion. Manslaughter ? Automobiles ? Death Caused by Reckless Driving ? Evidence of Surgeon as to Utterances of Defendant on Recovery from Effects of Anesthetic Applied for Purpose of Operation ? Admissibility. 1. In a prosecution for manslaughter against the driver of an automobile for the death of a young girl caused by his reckless driving while riding with him as his guest, testimony of a surgeon who, after applying an anesthetic, had treated him for a serious scalp wound received in the accident, that defendant after the operation had said that he would never again take moonshine whisky, held properly admitted as against the objection that, when the statement was made, defendant had not recovered from the effects of the anesthetic. Same ? Evidence ? Improper Question ? Harmless Error. 2. Overruling objection to the improper question asked a witness for defendant on cross-examination whether the parents of the girl with the negligent killing of whom while riding with defendant in his automobile he was charged had been consulted as to taking the ride, held non-prejudicial where the answer of the witness was that he did not know. Same ? Evidence Relating to Finding of Empty Whisky Bottle Near Wrecked Automobile Held Properly Admitted. 3. Testimony that a bottle which had contained moonshine whisky had been found underneath the wrecked car of defendant charged with the death of a girl guest due to his reckless driving was relevant and properly admitted. Same ? Reckless Driving of Automobile ? Manslaughter ? Information ? Sufficiency. 4. Held, that an information charging that defendant "did wilfully, unlawfully, knowingly and feloniously kill one B., a human being, contrary to the form," etc., was sufficient to charge manslaughter, as against the objection that it was fatally defective in not alleging that the crime had been either voluntarily or involuntarily committed. Same ? Bill of Particulars in Criminal Case ? Granting or Refusal Rests in Discretion of Trial Court. 5. In the absence of a statute on the subject, the granting or refusal to grant a bill of particulars in a criminal case rests in - Page 531 the sound discretion of the trial court, the practice of granting a bill, however, being commendable where it is apparent that by reason of the general character of the charge the defendant may have difficulty in preparing his defense. Same ? Instruction Withdrawing Question of Intoxication of Defendant Held Properly Refused. 6. Refusal of an instruction that there was no competent evidence in a prosecution for manslaughter based on defendants reckless driving of his automobile, proving or tending to prove that he was intoxicated at the time and that therefore the question of intoxication was withdrawn from the jurys consideration, held proper.
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