136 Minn. 348 | Minn. | 1917
Defendant was indicted, tried and found guilty of the charge of carnally knowing and abusing a female child of the age of 14 years. He appealed from an order denying a new trial.
The appeal brings the cause to this court upon a full and complete record of the proceedings and evidence had and taken below, and the errors complained of are embraced under some 50 odd assignments by which the rulings of the trial court, th;e sufficiency of the evidence, the conduct of the trial by the prosecuting attorneys are challenged as erroneous, prejudicial and of a character not only to justify but require a new trial in the interests of justice. We have given all these matters careful consideration and are unable to concur in this contention.
In reaching this conclusion we have not overlooked any of defendant’s assignments of error, but have given each the special consideration the importance thereof has seemed to demand. While there are a great number of alleged errors, the princiopl point narrows down to the claims: (1) That the verdict is not sustained b} sufficient competent evidence; (2)
Though the case is of more than passing importance, the questions presented do not require extended!discussion. The first two, namely, the credibility of the witnesses produced by the state and the sufficiency of the evidence, mayl be disposed of together, as they relate to one distinct branch of the case.
The crime was committed, if at all, near a public highway in the outskirts of Minneapolis. Defendant had met two of the girls on previous occasions, but this was the first time that he had come in contact with the prosecutrix. He is á man of prominence in the business world, and owns and drives an automobile. On this occasion he met the girls on the street and invited them to go riding in his car. It was on this trip that the crime was committed. He took the stand as a witness in his own behalf, and though admitting that he knew the girls and that ho took them for an automobile ride as they claim, yet he denied emphatically the charge of abusing either of them in the manner testified to, or at all. The evidence also shows that he gave the girls money, and that, on other occasions he had taken them auto riding and otherwise entertained them. This was not disputed by the defendant, and his explanation thereof was that he was in the habit of entertaining young girls of the poorer class, but with no thought of violating their persons.
Such is this ease, in a general way, as made by the evidence. As
The contention that defendant was not given a fair trial — such a trial as the Constitution and laws of the state guarantee — is not sustained. This was the third trial of defendant, though under different indictments, all involving the same charge as to the girls referred to; defendant was acquitted on the first, but the jury disagreed on the second. The present case was vigorously prosecuted and as vigorously defended. Much was said by counsel for both the state and defendant that might well have been left unsaid, but measured from the unbiased viewpoint, nothing appears -of sufficient moment to require special mention, or to justify the conclusion that defendant was, in any substantial way, -prejudiced by the conduct of the prosecuting attorney. The rulings of the trial court were impartial, fair and correct, and no act or remark of the learned trial judge can be pointed out in support of the contention that the trial was disorderly or punctuated by applause from the bystanders. There was some commotion among the morbid spectators at one time, but it was promptly suppressed by the court. In fact, we are impressed by the record that the learned trial judge exerted every effort to maintain order in the court room and to conduct the trial in harmony with orderly court procedure. The agitated public mind was not brought into the case to an extent to justify interference by this court, and* on the whole, we are satisfied that the defendant was afforded a fair trial and the record presents no just cause for complaint.
Order affirmed.