[DOWNLOAD] "State v. Youpee" by Supreme Court of Montana " Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: State v. Youpee
• Author : Supreme Court of Montana
• Release Date : January 01, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

HOMICIDE — MURDER — MANSLAUGHTER — TRIAL — WITNESSES — JURY. 1. Homicide — Defined. Homicide is the killing of one human being by another. 2. Homicide — When murder. If killing is with malice aforethought, it is murder. 3. Homicide — When Manslaughter. If killing is unlawful, but without malice, homicide is manslaughter. 4. Homicide — Malice. Malice necessary to make killing murder may be express or implied. 5. Homicide — Presumption of malice. On proof of homicide by defendant, malice is presumed, unless very evidence which proves killing and that it was done by defendant also shows that it was merely manslaughter. 6. Homicide — No intent to take life here. In homicide prosecution predicated upon mothers alleged wilful omission to provide sufficient food and care for her three month old daughter, it would have to be conceded that there was no specific intent to take life, and states own evidence, which showed that defendant had fed child two or three bottles of milk every day and that the baby usually had a bottle in bed, established as Page 130 a matter of law that defendant had not been guilty of second degree murder. 7. Homicide — Omission can be basis for manslaughter. Omission to perform act required by law can be basis for manslaughter. 8. Homicide — Question for jury. Whether evidence in homicide prosecution was sufficient to show that death of defendants three month old daughter had not been accidental was question for jury. 9. Witnesses — Violation of impeachment rule. Violation of Montana impeachment rule respecting particular wrongful acts constitutes an invasion of substantial right. 10. Criminal Law — Cross-examination improper — Waiver. In prosecution for homicide by failure to feed child, cross-examination of defendant with regard to death of another child was not permissible to test her credibility or to show that she knew from death of such other child that insufficient food would result in childs death; and her counsels effort to save day for his client by explaining matter on redirect did not constitute waiver.

Free PDF Download "State v. Youpee" Online ePub Kindle