State v. Baker

Citations

• 23 Or. 441
• 32 P. 161
• 1893 Ore. LEXIS 42

Syllabus

<p>1. Criminal Law — Evidence of Other Crimes. — -It is a general rule, that evidence of a distinct crime other than the one laid in the indictment cannot he given in evidence against the prisoner, hut it is not error to admit evidence showing that property found in defendants’ possession at the time of their arrest, other than that described in the indictment, was stolen property, where such evidence is so intermingled and connected with the evidence tending to show that defendants committed the crime charged as to form one entire transaction. The purpose of such evidence should, however, be explained to thé jury.</p> <p>2. Criminal Law — Reading Papers Not in Evidence. — It is error in a criminal case to permit the district attorney in his closing argument to read an affidavit of defendant used on a motion at a previous term for a continuance to procure absent witnesses, and to comment upon the fact that these witnesses are not called on the trial, and to permit the jury to take the affidavit to their room, without its having been admitted in evidence.</p>