State v. Wilmbusse
Idaho Supreme Court
APPEAL from District Court, Kootenai County. The facts are fully stated in the opinion. It was error for the court to permit the county attorney to indorse the names of witnesses upon the information after the jury had been sworn to try the case. A number of said witnesses were sworn and testified against the defendant. The law provides that the names of witnesses be indorsed upon the information before trial. It cannot be done after the jury is sworn to try the case.
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APPEAL from District Court, Kootenai County. The facts are fully stated in the opinion. It was error for the court to permit the county attorney to indorse the names of witnesses upon the information after the jury had been sworn to try the case. A number of said witnesses were sworn and testified against the defendant. The law provides that the names of witnesses be indorsed upon the information before trial. It cannot be done after the jury is sworn to try the case. (Laws 1899, p. 125, sec. 2.) This court has held that in civil actions attorneys should offer themselves as witnesses for…
1Opinion of the CourtSullivan, J.
— The defendant was tried and convicted of the crime of murder of J. C. Brady on the fifth day of July, 1901, and sentenced on December 30, 1901, to the state prison at Boise City for the period of his natural life. The defendant applied for a new trial, which was denied by the court. This appeal is from the judgment and order denying a new trial. Fourteen alleged errors are assigned, touching the admission and rejection of testimony, the insufficiency of the evidence to sustain the verdict, the giving of certain instructions to the jury, and the overruling of the motion for a new trial.
The…
2Cases cited4 opinions
- State v. SchnepelMontana Supreme Court · 1900
- State v. CalderMontana Supreme Court · 1900
- State v. SloanMontana Supreme Court · 1899
- State v. McGannIdaho Supreme Court · 1901
3Cited by10 opinions
- State v. HoaglandIdaho Supreme Court · 1924
- State v. NolanIdaho Supreme Court · 1917
- State v. GriffithIdaho Supreme Court · 1971
- State v. CreaIdaho Supreme Court · 1904
- State v. BarberIdaho Supreme Court · 1907
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