¶1I concur in the result reached by the majority, but feel that they have gone too far in limiting the rule of evidence which has been recognized and applied by this court in a large number of cases over a long period of time. I think that the decision in State v. Hughes, 76 Mont. 421, 246 P. 959, more closely approaches the correct rule governing the introduction of evidence of other crimes similar to the one charged. Under that decision I believe that the evidence complained of here was not properly admissible. Apparently the trial court was warranted, under the decision in State v. Simanton, 100 Mont. 292, 49 P.2d 981, in admitting this evidence, under proper instruction as to its purpose. But I also believe that the pronouncement *454 in that case unduly enlarged the scope of the principle, and came close to substituting the exception for the rule excluding evidence of other independent and disconnected offenses.
119 Mont. 449
175 P.2d 774
State v. Knox
Decided December 23, 1946
Montana Supreme Court · decided 1946-12-23
Relies on State v. Simanton · State v. Hughes
Good law ✅— No negative treatment on recordhow we know
Decided 1946-12-23
How this case has been cited
Cited by 7 later decisions — most recently January 1976
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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