145 Minn. 92 | Minn. | 1920
Defendant was convicted of the crime of robbery in the first degree and appealed from an order denying his motion for a new trial.
This contention is not based on the claim that there was no evidence
The witness West testified that on the night of the robbery he drove defendant and two other men, Frank Meyers and Mark Eogers, from St. Paul to Minneapolis in an automobile; that he and Meyers remained with the automobile at a street corner, while defendant and Eogers robbed Lakos; that later they drove back to St, Paul and all four spent the remainder of the night in the same hotel. Defendant testified that he was not in Minneapolis that night and knew nothing of the robbery, but that the other three came to a hotel in St. Paul, where he happened to be, about two o’clock in the morning, and that he slept in the same room with them the remainder of the night.
In his charge the court stated: “The principal conflict in the testimony relates to the presence of the defendant 'Eoxy Dallas, with the other three men in that car that night down here on Fifth or Sixth avenue and Sixth street at the place where this man was held up. If he was there; and you are satisfied of that, then there isn’t much conflict left. He says he wasn’t there. He admits he was in St. Paul with the men that night and that he occupied a room with them at a hotel that you have heard named.” The court then stated the reason defendant gave for being at the hotel; that West testified to a different state of facts; that it was for the jury to determine the weight to be given to this testimony, and if West’s testimony was trae and was supported by other evidence, “then you will be justified beyond question in finding him guilty.” Later the court said: “The question of fact is whether the defendant, Eoxy Dallas, was in with these other thieves, those that are in custody, or whether he was not — whether he was a member of the gang.” Then after telling the jury that they must judge the value of the testimony of all the witnesses “not only those for the state, but for the defense, and of the defendant’s own testimony,” he told them:
“Take into account the motive, any motive which may be apparent, which you may be able to discover, any fact or circumstance proven in the case, why should a witness declare this or deny that, has he anything to gain or to lose ? Of course the defendant is an interested witness. It is highly important to him that you should believe his story, because if you reject it he is subjected to a penalty. You take that into account in*95 estimating what'he has said. You will carefully consider what motive, if any, the witness West may have in falsely accusing the man Dallas; what he has to gain by it; what does he think he might gain by it ? I am not aware that any motive has been suggested except the hope on his part that by aiding through his testimony in convicting this defendant, he might receive some favor at the hands of the authorities. Now it has been intimated here that there may have been some promise on the part of the prosecuting officers. Nobody has testified to that. The witness Davis I think did say that West told him that he had a promise. Any such promise as that, of course, would have been gross misconduct on the part of the prosecuting officers, and inasmuch as the law presumes-that everybody, even those accused of crime, are innocent until the contrary is established, the same presumption ought in good faith to be accejpted as to these public officials. We ought not to presume that they are guilty of improper conduct without proof. Of course you have a right to take into account the zeal, and the possible partisanship of the prosecuting officers, of a policeman or sheriff or a prosecuting attorney, but you should not presume that they have been guilty of any improper conduct any more than you should presume that the defendant here is guilty without proof. In other words you should be fair, fair to the state as well as to the defendant.”
He later called attention to-the changes from the harsh provisions of the law of former times which have been made for the protection of the accused and then remarked :
“And in addition to that we have adopted the somewhat marvelous system of allowing the defendant to have the last argument to the jury. I am not aware that .that is permitted in any other state of the Hnion. It is one of the extreme steps that we have taken here to give to a defendant accused of crime every opportunity to meet the charge which the state brings.”
After directing attention to defendant’s association with thieves and telling the jury that.if West’s testimony was true and was corroborated they would “be justified beyond question in finding him [defendant] ■ guilty,” and telling them that the question was whether defendant “was in with these other thieves,” “was á member of the gang,” he called attention to defendant’s interest in the outcome and told the jury to take
It follows that defendant is entitled to a new trial, and the order appealed from is reversed and a new trial granted.
I dissent.