[DOWNLOAD] "In Re Myers Estate" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free

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eBook details

• Title: In Re Myers Estate
• Author : Supreme Court of Montana
• Release Date : January 29, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

1. Assault and Battery. Essence of crime. The essence of the crime of assault with intent to commit a felony is the intent to commit a felony upon the person allegedly assaulted. 2. Criminal Law. Burden of proof on the state. In assault prosecution, state must prove every material allegation of information beyond a reasonable doubt. 3. Assault and Battery. State had to prove intent to commit felony. In first or second degree assault prosecution, state had to prove, that at time defendant allegedly assaulted complaining witness by pointing pistol at him the defendant intended to commit a felony upon the witness. 4. Criminal Law. Failure to give instruction as to felony intention was error. Failure to give written instructions defining felony which prosecution expected to prove defendant intended to commit on complaining witness at time of alleged assault was error, since it could not be assumed that such intended felony was proven. 5. Assault and Battery. Failure to give instruction defining third degree assault was error. Where jury had no way of knowing what felony, if any, defendant intended to commit upon complaining witness when defendant pointed pistol at him, jury should have been allowed to consider whether defendant was guilty of third-degree assault, and refusal to give requested instruction defining third-degree assault was error. 6. Criminal Law. Refusal to give instruction on unconscious commission of crime held error. The evidence required giving of a requested instruction relating to commission of crime by persons not conscious thereof, and refusal to give such instruction was error. 7. Criminal Law. Instructions on re-trial — cross-examination on prior conviction. Where defendant pointed pistol at complaining witness to cause witness to give him taxicab ride without paying fare, but did not carry out threat to kill witness by shooting at witness or otherwise harming him, and did nothing when witness refused to comply with defendants request, question of assault in first degree should not be submitted to jury, on new trial in assault prosecution, and upon retrial cross-examination of defendant concerning prior conviction should stop when defendant has admitted such conviction.

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