(Download) "State v. Fairburn" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Fairburn
- Author : Supreme Court of Montana
- Release Date : January 01, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CRIMINAL LAW ? EMBEZZLEMENT ? EVIDENCE ? WITNESSES ? LARCENY ? INDICTMENT AND INFORMATION. 1. Embezzlement ? Information sufficient. Information charging selling agent with grand larceny by appropriating to his own use, money received from sale of a computing machine with intent to deprive distributor and branch office, who were true owners, of such property, was sufficient without detailing agency and amount of money which belonged respectively to distributor and branch office. 2. Indictment and Information ? Particularization. An information framed in statutory terms must be sufficiently particularized to enable a defendant to prepare a defense. 3. Indictment and Information ? Surprise. An information must be such that accused and court are apprised of charge, that accused will not be surprised by evidence and that a conviction will bar another conviction. 4. Criminal Law ? Hearsay properly excluded. In prosecution of selling agent for larceny arising out of alleged appropriation of proceeds from sale of a computing machine, offer of testimony of a witness for agent that a week prior to offense charged agent had stated that he had conversed with employer concerning - Page 450 retention of proceeds from sales and that employer had agreed, was, so far as it tended to prove that agent had a rightful claim to proceeds of sale, hearsay, and was properly excluded. 5. Criminal Law ? Self serving testimony properly excluded. Testimony of a witness for agent that about a week prior to offense charged, agent told witness that he had a conversation with employer concerning retention of proceeds from sales and that employer had agreed and that agent had stated to witness that probably retention was solution of problem, was self-serving and was properly excluded when offered for purposes showing that agent took proceeds in good faith. 6. Criminal Law ? Res Gestae. Res gestae exception to hearsay rule allows hearsay evidence to be admitted only when it originates under circumstances where reflection and fabrication are unlikely. 7. Criminal Law ? Testimony not admissible under res gestae. Circumstances surrounding making of statement to witness for agent that about a week prior to offense charged, agent had told witness that he had a conversation with employer concerning retention of proceeds sale and that employer had agreed and that agent had stated to witness that probably retention was solution of problem, did not indicate that agent did not have time to reflect, plan, and if it suited his purposes, to prevaricate, and testimony as to such statement was not admissible under res gestae exception to hearsay rule. 8. Criminal Law ? Testimony of employer properly admitted. Testimony by employer that none of other machines had been returned and that he did not get paid for any of such other machines that had been delivered and not returned by agent did not establish any crime connected with other machines but only that machines had been given to agent to use as demonstrators with authority to make sales and such evidence was properly admitted.
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