[Download] "State v. Kerrigan" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Kerrigan
- Author : Supreme Court of Montana
- Release Date : January 19, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Criminal Law ? Attempt to Commit Rape ? Insufficiency of Evidence ? Accomplice ? Definition ? Quantum of Proof Required for Conviction. Attempt to Commit Rape ? Evidence ? Insufficiency. 1. Evidence in a prosecution for attempting to commit rape, in which the judgment of conviction could only be justified on the theory that appellant aided and abetted his convicted co-defendant, held insufficient to show that appellant was an accomplice or had acted as lookout for his co-defendant. Criminal Law ? Accomplice ? Definition. 2. An accomplice is one who knowingly, voluntarily and with common intent with the principal offender unites in the commission of a crime, either by being present at and joining in its commission, or, being absent, by advising and encouraging it; in either event knowledge and voluntary action are essential in order to impute guilt. - Page 397 Same ? Conviction may not be had upon Conjectures, Suspicions or Possibilities. 3. One charged with crime may not be convicted on conjectures, however shrewd, on suspicions, however justified, on possibilities, however strong, but only upon evidence which establishes his guilt beyond a reasonable doubt, i.e., upon proof such as logically compels the conclusion that the charge is true.