People v. McNutt
THE PEOPLE v. MILLER McNUTT
- Area
- criminal
- Panel
- James D. Thornton (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Thornton
Thornton, J.
The evidence of Mrs. Louisa Scott as to the jewelry which she says she lost, and was stolen on the 12th of December, 1882, was clearly inadmissible. It had no proper relevancy to the burglary charged in the indictment, as committed on the 19th of the preceding month.
It is urged that no injury was done to the defendant by the ruling of the court, that it is a case of error without injury. We cannot so view it. Evidence tending to prove a larceny by the defendant on the 12th of December, 1882, might well have had an effect on the minds of the jury prejudicial to the defendant.
For this error we think the cause should go back for a new trial.
We find no other error in the record.
Judgment and order reversed and cause remanded for a new trial.
Sharpstein, J., McKee, J., Boss, J., Myrick, J., and McKinstry, J., concurred.
Cited by
- Northern Light Mining Co. v. Blue Goose Mining Co. Civ. No. 1225. · 1914-08-07
- People v. Carpenter Crim. No. 884. · 1902-05-20
- People v. Smith No. 21158 · 1895-02-06
- People v. Stewart No. 20655 · 1890-08-01