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No. 8837457
United States Court of Appeals for the Ninth Circuit
Basich v. United States
No. 8837457 · Decided October 3, 1921
No. 8837457·Ninth Circuit · 1921·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 3, 1921
Citation
No. 8837457
Disposition
See opinion text.
Full Opinion
RUDKIN, District Judge (after, stating the facts as above). The rule is of course elementary that, when a defendant is on trial for one offense, irrelevant testimony tending to show the commission of a separate and distinct crime is not admissible. But the rule is equally well settled that relevant testimony, tending* to establish or prove the crime charged, cannot be rejected simply because it may tend to prove the commission of some other crime. Moore v. United States, 150 U. S. 57 , 14 Sup. Ct. 26, 37 L. Ed. 996 ; Williamson v. United States, 207 U. S. 425 -451, 28 Sup. Ct. 163, 52 L. Ed. 278 ; Lueders v. United States (C. C. A.) 210 Fed. 419 -423. It seems manifest to us that testimony tending to show the possession by the defendant of similar liquor in similar containers while the still was in operation was relevant to the issue before the jury, and its admission as limited by the court was not error. The judgment is therefore affirmed.
Plain English Summary
The rule is of course elementary that, when a defendant is on trial for one offense, irrelevant testimony tending to show the commission of a separate and distinct crime is not admissible.
Key Points
01The rule is of course elementary that, when a defendant is on trial for one offense, irrelevant testimony tending to show the commission of a separate and distinct crime is not admissible.
02But the rule is equally well settled that relevant testimony, tending* to establish or prove the crime charged, cannot be rejected simply because it may tend to prove the commission of some other crime.
03It seems manifest to us that testimony tending to show the possession by the defendant of similar liquor in similar containers while the still was in operation was relevant to the issue before the jury, and its admission as limited by the c
04
Frequently Asked Questions
The rule is of course elementary that, when a defendant is on trial for one offense, irrelevant testimony tending to show the commission of a separate and distinct crime is not admissible.
FlawCheck shows no negative treatment for Basich v. United States in the current circuit citation data.
This case was decided on October 3, 1921.
Use the citation No. 8837457 and verify it against the official reporter before filing.