State v. Jones
Idaho Supreme Court
APPEAL from tbe District Court of the Eighth Judicial District for Benewah County. Hon. R. N. Dunn, Judge. Prosecution, for murder in the second degree. Judgment for plaintiff.
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APPEAL from tbe District Court of the Eighth Judicial District for Benewah County. Hon. R. N. Dunn, Judge. Prosecution, for murder in the second degree. Judgment for plaintiff. It is the practice for the judge at nisi prius not only to state to the jury all of the evidence that has been given, but to comment upon its bearing and weight and to state the legal rules upon the subject and their application to the particular case, and to advise them as regards the verdict they should give. (1 Brickwood-Saekett, Instructions, sec. 153.) This common-law practice prevails in this state except in so…
1Opinion of the CourtBudge, J.
Ah information was filed against appellant on January 28,1915, in the district court of the eighth judicial district in and for Kootenai county, charging him with the *432crime of murder in the second degree, in the killing of one Charles E. Plunkitt, on or about December 1, 1914.
The crime was committed in Kootenai county in territory which subsequently was included in Benewah county when the latter county was created. After the organization of Benewah county, this case was transferred to the district court of that county for trial.
Defendant was tried before the court and jury and was found…
2Cases cited9 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
- Gilmore v. StateSupreme Court of Alabama · 1899
- Gordon v. StateSupreme Court of Alabama · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. CavinessIdaho Supreme Court · 1925
- Spangler v. District Court of Salt Lake CountyUtah Supreme Court · 1943
- State v. PettitIdaho Supreme Court · 1920
- State v. PetersIdaho Supreme Court · 1927
- State v. SimsIdaho Supreme Court · 1922
9 more not listed; retrieve them via the Exa API.