[Download] "Missoula Co. F.H. School v. Smith" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

eBook details

Title: Missoula Co. F.H. School v. Smith
Author : Supreme Court of Montana
Release Date : January 11, 1932
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

1. Criminal law â€” Degree of proof. Statute providing that law does not require demonstration, that is, such a degree of proof as, excluding possibility of error, produces absolute certainties, because such proof is rarely possible, and that moral certainty is only required, or that degree of proof which produces conviction in an unprejudiced mind, applies to criminal causes. 2. Criminal law â€” Presumption of innocence. The presumption of innocence surrounds defendant at every step in trial and to its benefits he is entitled in the determination of every fact by the jury. 3. Criminal law â€” Weight of presumption. The presumption of innocence surrounding defendant during trial has weight and effect of evidence in defendants behalf. 4. Criminal law â€” Evidence part of res gestae. In prosecution for carrying a concealed weapon outside of a city, evidence that defendant left pistol in rest room where a boy found and fired it, thus endangering himself and others, was properly admissible as part of res gestae but defendant was not on trial for leaving pistol in rest room but only for crime of carrying pistol concealed on his person and could be legally convicted for that crime only. 5. Weapons â€” Evidence did not sustain conviction. Evidence did not sustain conviction for crime of carrying a concealed weapon outside a city.