State v. Smith
Idaho Supreme Court
APPEAL from District Court, Latah County. file no' brief on the points decided by the court. The'transcript shows no proof that notice was given to the district attorney or other counsel for the prosecution, of the time when the statement, assignment of errors or bill of exceptions on motion for a new trial would be presented for settlement. (Eev.
Read the full summary
APPEAL from District Court, Latah County. file no' brief on the points decided by the court. The'transcript shows no proof that notice was given to the district attorney or other counsel for the prosecution, of the time when the statement, assignment of errors or bill of exceptions on motion for a new trial would be presented for settlement. (Eev. Stats., sec. 7941) People v. Sprague, 53 Cal. 422; State v. Gaivith, 19 Mont. 48, 47 Pac. 207.) The statute requiring a notice of at least two days to the county attorney of the presentation of the bill to the judge is mandatory. (State v. Larlcins,…
1Opinion of the CourtQ.ttaeles, J.
The defendant was convicted of murder in the first degree on the twenty-eighth day of February, 1896. On March 5th thereafter the defendant, by his attorneys, served on the district attorney a notice to the effect that the defendant intended to move for a new trial upon certain grounds, set forth in said notice of intention. On March 14th the defendant moved in arrest of judgment, which motion was overruled, and on the same day the defendant was duly sentenced to be executed in the manner provided by law. On the sixteenth day of May, 1896, the defendant served upon the district attorney…
2Cited by17 opinions
- State v. Van VlackIdaho Supreme Court · 1937
- State v. MaguireIdaho Supreme Court · 1917
- State v. NeilIdaho Supreme Court · 1937
- State v. RiceIdaho Supreme Court · 1901
- State v. GordonIdaho Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.