151 Minn. 138 | Minn. | 1922
The defendant was convicted of the crime of carnally knowing a female child under the age of 18 years, and he appeals.
The evidence sustains the verdict. The girl testifies to the offense; the defendant denies it. The two were together not far from the time the girl claims it occurred, both before and-after, and at or near the defendant’s place of business. There is evidence tending to show that the defendant was engaged in a business meeting at a hotel in the city at the time. There is testimony, rather weak, that the girl was about town at or soon after the time she claims she was with the defendant. There is testimony that another man on the evening in question was alone in the room where and at the time when the girl claims the offense took place, and that he slept there that night. There is testimony of enmity on the part of the girl toward the defendant. The evidence as to the defendant’s whereabouts is not at all conclusive. The evidence was for the jury. It fairly sustains the verdict. The trial court approves it. We have no criticism to make of it.
That evidence of other crimes has probative force is without question. It affects, the judgment of the average juror, and of the trained legal mind of the lawyer and of the judge accustomed to scrutinize and weigh evidence. This prompts the remark of Judge Jones that “other acts of criminality or immorality are not legally relevant, and should not be dragged in to prejudice the defendant or to create a probability of guilt.” 1 Jones, Ev. § 143. And it induces Dean Wigmore to remark upon the tendency of the trial tribunal, whether judge or jury, “to take the proof of it as justifying a condemnation irrespective of guilt of the present charge,” and “to believe the defendant guilty of the charge merely because he is a likely person to do such acts,” and “to condemn, not because he is believed guilty of the present charge, but because he has escaped unpunished from other offenses.” 1 Wigmore, Ev. § 194. The rule is stated by Mr. Justice Dodge in Paulson v. State, 118 Wis. 89, 94 N. W. 771, to be that under,the theory of criminal trials “that evidence against him [the accused] should be confined to the very offense charged, and that neither general bad character nor commission of other specific disconnected acts, whether criminal or merely meretricious, could be proved against him.” This is the present settled rule of evidence in criminal trials in this state and in other common law jurisdictions.
The statements made by the defendant were not receivable as a part of the res gestae. They did not characterize or explain the main act under investigation, nor were they necessary to be shown in the course of the proof of it. The intent and knowledge present in other crimes were not involved. They constituted a narration of past acts constituting independent crimes; and, as before stated, the purpose was to get before the jury the claimed commission of other crimes. They were made a distinct feature of the case.
And in State v. Taylor, 144 Minn. 377, 175 N. W. 615, a prosecution for a similar offense, it was held that a prolonged cross-examination of the defendant upon his alleged conduct in taking a mature woman of the vicinity to another city, carrying a suggestion that it was for improper purposes, constituted misconduct. Here the prosecution persistently stressed the fact that the defendant was having about him and riding about with girls under 18. Such testimony was erroneous, and naturally prejudicial.
There is nothing of which the defendant can complain in the charge of the trial court. It was impartial and presented the issues clearly and fairly. The matters upon which we have commented require a new trial.
Order reversed.