(DOWNLOAD) "State v. Harmon" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Harmon
- Author : Supreme Court of Montana
- Release Date : January 01, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
CRIMINAL LAW ? BURGLARY ? EVIDENCE. 1. Criminal Law ? Corroborating evidence. Corroborating evidence need not be direct but may be circumstantial, and it need not be sufficient to justify a conviction or to establish a prima facie case of guilt, and it need not be sufficient to connect the defendant with the commission of the crime, and it is sufficient if it tends to do so. 2. Burglary ? Fact of entry. To support a conviction of two persons for burglary, it is not essential that the entry shall be by both, but if one of them entered and was aided by the other in so doing, both are guilty, and burglary may be committed by being present and aiding another in entry. - Page 228 3. Criminal Law ? Words and phrases ? "Accomplice." An "accomplice" is one who knowingly, voluntarily and with common intent with the principal offender unites in the commission of a crime, and one may be an "accomplice" by being present and joining in the criminal act by aiding and abetting another in its commission, or not being present, by advising and encouraging its commission, but knowledge and voluntary actions are essential in order to impute guilt. 4. Criminal Law ? Accomplice may be aider and abbetor. An "accomplice" is one who is guilty of complicity in the crime charged either by being present and aiding or abetting in it, or by having advised and encouraged it though absent from the place at which it is committed. 5. Criminal Law ? Words and phrases ? "Corroboration." "Corroboration" of an accomplice is confirmation, that which confirms proof, and is something which leads an impartial and reasonable mind to believe that material testimony is true and also consists in admissions, declarations, or conduct of the defendant, writings or other documentary evidence, which tends to show concert of action between the accomplice and the defendant. 6. Criminal Law ? Sufficient corroborating evidence. Corroborating evidence of an accomplice need not be sufficient to justify a conviction or even to establish a prima facie case of guilt. 7. Criminal Law ? Evidence supported conviction. Evidence of corroboration of an accomplice was sufficient as tending to connect the defendant with the commission of the offense and to sustain a conviction for first degree burglary.
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