Basich v. United States

Ninth Circuit

Basich v. United States

276 F. 290, 1921 U.S. App. LEXIS 2078

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 3, 1921

DocketNo. 3678

StatusPublished

Cited by1 cases

This text of 276 F. 290 (Basich v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Basich v. United States, 276 F. 290, 1921 U.S. App. LEXIS 2078 (9th Cir. 1921).

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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.

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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.

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276 F. 290, 1921 U.S. App. LEXIS 2078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basich-v-united-states-ca9-1921.

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