State v. Andrus
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fifth Judicial District, for Bannock County. Hon. J. J. G-uheen, Judge. Appellant was convicted of the crime of incest. When this defendant was taken before Justice of the Peace Knowles, of Pocatello Precinct, this justice had absolutely no jurisdiction over the cause. The matter of preliminary examinations is purely statutory and the provisions of the statute must be complied with at every step.
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APPEAL from tbe District Court of tbe Fifth Judicial District, for Bannock County. Hon. J. J. G-uheen, Judge. Appellant was convicted of the crime of incest. When this defendant was taken before Justice of the Peace Knowles, of Pocatello Precinct, this justice had absolutely no jurisdiction over the cause. The matter of preliminary examinations is purely statutory and the provisions of the statute must be complied with at every step. (State v. Huegin, 110 Wis. 189, 95 N. W. 1046, 62 L. E. A. 700.) When the defendant was taken before Justice Knowles he waived his preliminary hearing, and…
1Opinion of the CourtMorgan, J.
Appellant was accused of the crime of incest charged to have been committed with his daughter, who will be hereinafter referred to as the prosecutrix. The trial resulted in a verdict and judgment of conviction, from which, and from an order denying a motion for a new trial, this appeal has been taken.
The assignment of errors contains twenty-two specifications, which will not be considered separately, but the principles of law involved in the case will be sufficiently discussed to indicate the views of the court upon the questions thereby presented.
The record discloses that on May 24, 1915,…
2Cases cited9 opinions
- State v. NeilIdaho Supreme Court · 1907
- State v. FowlerIdaho Supreme Court · 1907
- State v. AndersonIdaho Supreme Court · 1899
- State v. BakerIdaho Supreme Court · 1899
- State v. ClarkIdaho Supreme Court · 1915
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3Cited by13 opinions
- State v. ByersIdaho Supreme Court · 1981
- State v. ElsenIdaho Supreme Court · 1947
- State v. MadridIdaho Supreme Court · 1953
- State v. BowkerIdaho Supreme Court · 1924
- State v. HinesIdaho Supreme Court · 1927
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