Legal Opinion

State v. Hinckley

Idaho Supreme Court

Decided November 22, 1895PublishedCited by 11 opinions

APPEAL from District Court, Latah County. A party in a criminal case does not waive his rights by not insisting upon them. If the information or indictment does not state facts sufficient to constitute a public offense, the court bad no jurisdiction. (People v. Du Bell, 1 Idaho, 44.) Section 7742 of the Penal Code specifies the grounds upon which a defendant-may demur to an indictment.

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APPEAL from District Court, Latah County. A party in a criminal case does not waive his rights by not insisting upon them. If the information or indictment does not state facts sufficient to constitute a public offense, the court bad no jurisdiction. (People v. Du Bell, 1 Idaho, 44.) Section 7742 of the Penal Code specifies the grounds upon which a defendant-may demur to an indictment. Subdivision 4 of that section reads: “That the facts stated do not constitute a public offense.” Section 7750 provides: “When the'objections declared grounds of demurrer bjr this chapter appear upon the face of…

1Opinion of the CourtHuston, J.

Defendant was charged, by information filed in the district court for Latah county, with the crime of forgery. To the information he interposed a demurrer, setting up several grounds, among others, “that the said information does not state facts sufficient to constitute an offense against this defendant, or at all.” Subsequently, the defendant withdrew his said demurrer, and entered his plea of guilty to the information. Thereafter, on September 6, 1895, judgment and sentence were pronounced against the defendant, from which judgment and sentence this appeal is taken.

It is contended by…

2Cases cited3 opinions

  1. People v. B. M. Du Rell & Co.Idaho Supreme Court · 1866
  2. Territory v. CarlandMontana Supreme Court · 1886
  3. State v. MalishMontana Supreme Court · 1895

3Cited by11 opinions

  1. State v. SedamIdaho Supreme Court · 1940
  2. State v. NeilIdaho Supreme Court · 1937
  3. Merralls v. Southern Pacific Co.California Supreme Court · 1920
  4. In re DawsonIdaho Supreme Court · 1911
  5. Application of MartinIdaho Supreme Court · 1955

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