(Download) "State v. Nelson" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Nelson
- Author : Supreme Court of Montana
- Release Date : January 13, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
CRIMINAL LAW, BURGLARY EVIDENCE, Prior Convictions, Admissibility of ? SUPREME COURT RULES, Failure to Observe, Effect of ? NAMES, Presumption as to Identity. - Page 467 1. Criminal Law ? Notice, waiver of. Where no objection was made by County Attorney to want of notice of hearing on proposed bill of exceptions in the District Court, and actually the County Attorney stipulated that he had no amendments to offer and that bill of exceptions as proposed, was correct, there was a waiver of formal notice required by statute. 2. Criminal Law ? Failure to observe Supreme Court rules ground for dismissal. Supreme Court rules should be observed, and failure to observe them is ground for dismissal. 3. Criminal Law ? Failure to observe rules here did not warrant dismissal. Appeal by defendant from judgment of conviction would not be dismissed because of his failure to comply with Supreme Court Rule requiring that transcript contain an alphabetical index, where the index listed the various papers and proceedings in chronological order as they appeared in the transcript by page numbers. 4. Criminal Law ? Court did not err in not suppressing evidence. In burglary prosecution, trial court did not err in overruling motion of defendant to suppress as evidence sledge hammer, hook bar and punch, screwdriver, pry bar, drift punch, hat, and gloves found in automobile, which was owned by defendants female companion, and in which defendant was present at time of his arrest. 5. Searches and Seizures ? Waiver by voluntary surrender of evidence. Where defendant, when he was arrested, voluntarily surrendered his jacket to police officers on request, any right which he might have had to complain, in burglary prosecution, about its seizure, was waived by him. 6. Criminal Law ? Error as to prior convictions. In burglary prosecution, wherein the State sought to prove prior convictions of defendant, it was error to admit in evidence judgments of conviction of one having the same name as defendant, particularly where defendants name was a common name, without proof of identity. 7. Names ? Presumption of identity. The presumption of identity because of similarity of name is weakened if the name is a common one. 8. Criminal Law ? Judgment reversed because of error in admitting prior convictions. Where jury in burglary prosecution found that defendant was guilty of the crime as charged and also found that charge of previous convictions was true, error in the admission of exhibits showing prior convictions of one having the same name as defendant without proof of identity, was reversible error, though sentence was not increased because of prior convictions, since jury might not have found defendant guilty of the burglary charge if it were not for the fact that he seemed to be an habitual criminal.