Dabney v. State
Dabney v. State
Opinion of the Court
delivered the opinion of the court.
It was error to admit the testimony as to the appellant’s breaking into the trunk and stealing thé clothes therefrom. There are cases in which it is competent to prove'the commission of other crimes, and the principle within which this proof is allowed is very clearly stated in Rice’s Evidence, vol. 3, c. 25. Such proof is allowed where the different crimes are parts of a system of crimes. An illustration of this is the case of Regina v. Geering, 18 L. J. M. C., 215. That was the case-of a woman indicted for poisoning her husband in September, 1848, and the question was whether the poison was accidentally or intentionally administered, and it was held competent to show that three sons had been poisoned by the administration of the same poison in December, 1848, March, 1849, and April, 1849, and that ■ defendant had prepared the meals containing the poison for all four of the poisoned persons. Where one crime is shown tó be intimately connected with another, so as to furnish the motive for the commission of the crime charged, it is permitted to prove such other crime. We select two of the best statements we have found of the exceptions to the rule; one contained in the opinion of Agnew, J., in Shaffner v. The Commonwealth, 72 Pa., 60, 13 Am. Rep., 649, set out on page 209 of volume 3
The two offenses here — rape and larceny — are entirely separate and distinct offenses, having no logical connection or dependence one upon the other. The proof of the larceny furnished no motive for the commission of the other offense, and, if the appellant had been indicted for larceny, it would not have been competent to allow proof of the rape. They are separate and distinct offenses in the eye0of the law, and were so, as a matter of fact, on this occasion. It will be noted that proof of the other crime should not be admitted for the purpose simply of identifying the defendant, unless it be absolutely necessary for his identification. The learned circuit judge, when the objection was first made, sustained it, but later on overruled it, and permitted the testimony to go to the jury. We presume that he must have done this for the purpose of identifying the defendant, but it was wholly unnecessary for this purpose, since
Reversed and remanded.
Reference
- Full Case Name
- Samuel Dabney v. State of Mississippi
- Cited By
- 18 cases
- Status
- Published
- Syllabus
- . Ceiminal Law. Rave- Evidence. Larceny. Other Offenses. On. the trial of an indictment for rapei it is error to admit evidence of the commission of larceny by the accused, such evidence not being necessary to identify the defendant and there being no connection between the offenses. 2. Same. Evidence of other offenses. Benefit of doubt. The general rule is that evidence of other crimes than the one for which the accused is being tried is inadmissible, and if it be doubtful whether such evidence falls within any of the exceptions to the rule it should be excluded. 3. Same. Discussion of exceptions to- the general rule.