# State v. Porter

> Montana Supreme Court · March 12, 1952 · 125 Mont. 503

URL: https://www.frixlaw.com/law-library/cases/9550973

## Case

- **Full name:** STATE, Respondent, v. PORTER, Appellant
- **Court:** Montana Supreme Court
- **Decided:** March 12, 1952
- **Citations:** 125 Mont. 503; 242 P.2d 984; 1952 Mont. LEXIS 110
- **Precedential status:** Published
- **Opinion:** Concurrence by Freebourn
- **Judges:** Metcalf, Freebourn, Adair, Bottomly, Angstman
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9550973

## Opinion text

MR. JUSTICE FREEBOURN
concurring in the reversal of the judgment but dissenting from that part of the opinion which remanded the case for a new trial :
I believe that the information should be dismissed because there was an utter failure to prove the material allegations of the information by competent and satisfactory evidence.
Defendant was charged with attempting to influence Matthew S. Vook, a grand juror, in respect to his decision in matters pending before the grand jury “by means of threats, intimidation, persuasion, and entreaty, and by means of promises to pay to said Matthew S. Vook, as such juror, lawful money of the United States. ’ ’
Vook testified, on cross-examination:
“Q. Mr. Vook, did Roger Porter offer you or tender you at any time during the entire grand jury one dime of United States money? A. No, he didn’t offer me no money.
“Q. Did he threaten you or intimidate you in any way? A. He didn’t threaten me.
“Q. Did he send you any letter or communications that threatened or intimidated you in any way? A. No, sir.”
On direct examination Vook testified:
“A. Well, I’m not certain really what was said on either night. * * * I think it was the third or fourth — the third time, or something like that; when he asked me to help try to keep his name out of the paper. * * * Well, he did tell me he would like to have his name kept out of the paper because it would hurt his family, would hurt his father, too. * * *
*517 ‘1Q. Will you state whether or not he asked you to help him keep his name out of the paper? A. Well, what he told me, he said: ‘If you will help me, I’ll help you.’ # ® *
“A. Well, he asked me to help him out.
“Q. In what way? A. Well, he asked me to keep his name out of the paper, it would hurt his kid, kill his dad, and a few other things like that. s:' * *
“Q. Will you state whether or not he said anything about your being on the jury costing you any money? A. Well, I couldn’t really say that was him said that or myself. That it would cost me money.
“Q. Will you state whether or not he said anything about maybe being able to help make up any loss? A. I believe he said he would help me out, Yes.
“Q. Was that in connection with his statement if you would help him, he would help you? A. I believe it was. I thought it was nothing but a joke from the start.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550973. Public record. Not legal advice.