(DOWNLOAD) "Ernst v. City of Helena" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Ernst v. City of Helena
- Author : Supreme Court of Montana
- Release Date : January 12, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
CRIMINAL LAW — ASSAULT AND BATTERY — EVIDENCE — TRIAL. 1. Criminal Law — Evidence — Previous assault. In prosecution for assault in the first degree upon two bums who were lying around a hobos fire for satisfaction of a desire by defendants to inflict sadistic or perverted cruelty and to participate in obscene and perverted sexual excitement, evidence concerning an assault allegedly made by one of defendants over 20 hours previously on main street of city upon a visiting working man during course of a robbery was not admissible as an aid in determination of criminal intent. 2. Assault and Battery. Criminal intent is an essential element of assault. 3. Criminal Law — Evidence — Character. In criminal cases, character may not be evidenced by particular bad acts or other offenses. 4. Criminal Law — Instruction improper. Instruction providing in part that if defendants should be found guilty jury could recommend that they be placed somewhere other than in Montana state prison and that if they should be found not guilty jury could recommend that they be proceeded against in the Juvenile Court was improper.
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