(Download) "State v. Shambo" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Shambo
- Author : Supreme Court of Montana
- Release Date : January 10, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
SODOMY ? WITNESSES ? CRIMINAL LAW ? EVIDENCE. 1. Sodomy ? Penetration. Under statute there must be penetration before a person can be convicted of the infamous crime against nature. 2. Sodomy ? Evidence insufficient. Evidence was insufficient to sustain conviction of sodomy due to failure to prove penetration. 3. Witnesses ? Competency ? Questions asked out of jurys presence. Where complaining witness in sodomy prosecution was eight years old and trial judge determined whether he was competent to testify by questions asked out of the presence of a jury, it was not error for judge to fail to interrogate witness as to facts regarding the crime. 4. Criminal law ? Witnesses ? Determination of competency. Whether witness under age of 10 years old is competent to testify rests largely within the discretion of the trial judge and his conclusion will not be interfered with unless there has been an abuse of discretion. 5. Witnesses ? Eight-year-old competent. In prosecution for infamous crime against nature, there was no abuse of discretion by trial court in holding complaining witness, aged eight years, competent to testify. 6. Sodomy ? Testimony proper. It is proper for person to whom complaint of sodomy was made to testify to fact that complaint was made as well as the time, place and circumstances under which it was made, but person may not state what was said concerning the details of the crime. 7. Criminal law ? Testimony ? Res gestae. There is an exception to rule that person to whom complaint of sexual crime was made may not testify as to details if the statement constitutes a part of the res gestae, and in such cases the entire statement may be repeated. 8. Sodomy ? Details of crime not proper in mothers testimony. It was error to allow mother of alleged eight-year-old victim to testify not only to fact that complaint was made to her, but also as to the details of the crime as related by victim, where there was no showing that statement of victim was made while in shock or immediately after crime. 9. Criminal law ? Res gestae ? Past transactions. Narratives of past transaction do not come within the res gestae rule.