State v. Larkins
Idaho Supreme Court
APPEAL from District Court, Bingham County. The first point we desire to discuss is the power of defendant to waive an examination upon a charge of felony. We claim that he cannot waive this right, and that the motion to quash the information should have been sustained. Section 7576 of the Eevised Statutes of Idaho expressly declares an examination -cannot be waived.
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APPEAL from District Court, Bingham County. The first point we desire to discuss is the power of defendant to waive an examination upon a charge of felony. We claim that he cannot waive this right, and that the motion to quash the information should have been sustained. Section 7576 of the Eevised Statutes of Idaho expressly declares an examination -cannot be waived. (Kalloch v. Superior Court, 56 Cal. 229; Ex parte Walsh, 39 Cal. 705.) “Malice/* says Eice on Criminal Evidence, 442, “may be proven by direct evidence, such as prior threats; but in order to make a threatening remark admissible,…
1Opinion of the CourtQijaeles, J.
Eespondent moved to dismiss this appeal for the reason that the record contained no evidence of service of notice of appeal. Appellant suggested diminution of record, and, on leave given, filed a certified copy of the notice of appeal herein, from which it appears by the indorsement of the district attorney that the said notice was duly served. The motion to dismiss the appeal is therefore denied.
*204It is contended by the learned attorney general, on behalf of the state, that this court should not consider the appellant’s bill of exceptions, because the record fails to show that notice? of the…
2Cases cited16 opinions
- State v. GrantSupreme Court of Missouri · 1883
- Dixon v. StateSupreme Court of Florida · 1869
- Jordan v. StateSupreme Court of Alabama · 1885
- State v. ClarkIdaho Supreme Court · 1894
- People v. O'BrienCalifornia Supreme Court · 1885
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3Cited by36 opinions
- State v. OwenIdaho Supreme Court · 1953
- State v. VanceWashington Supreme Court · 1902
- State v. DunnIdaho Supreme Court · 1967
- State v. HoaglandIdaho Supreme Court · 1924
- State v. BondIdaho Supreme Court · 1906
31 more not listed; retrieve them via the Exa API.