[Download] "State Utah v. Gerald Oakley Huggins" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: State Utah v. Gerald Oakley Huggins
- Author : Supreme Court Of Utah
- Release Date : January 20, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
At the trial, the prosecution, without having named a 10-year-old girl as a witness, offered her to attest to a similar offense on the same day. Before testifying, the court let it be known to the jury that she was going to testify for the State, and that she would testify to a similar offense, over objection of counsel that he was totally unprepared to meet and defend such a witness testimony as to such an independent, unproven charge, without any previous conviction therefor. The trial court seemed to sense the merit of such contention and said he anticipated a divided court on appeal with respect to the admissibility of this testimony. He gave defendants counsel about a day and a half to meet this surprise witness testimony, but divulged to the jury that the very morning of the trial, and before trial, this girls mother had filed a complaint against defendant for a similar offense. Defendants counsel asked for a mistrial which was denied. Counsel for defendant was forced to meet this unexpected turn of events by cross-examination of witnesses with respect to certain conversations, which no doubt would not have been necessary, but for the permission to allow the witness to testify. The prosecution said this 1) cured any prejudice in the procedure and anyway, 2) evidence of similar offenses was admissible to demonstrate the lust propensity.