State v. Blank
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Isaac F. Smith, Judge. Judgment of conviction of crime of grand larceny.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Isaac F. Smith, Judge. Judgment of conviction of crime of grand larceny. Questions tending to degrade defendant must be those directly tending to affect his credibility as a witness, or to show his character (the defendant’s character had1 not been made an issue in the case), thus compelling him to' answer as to past transactions, even though similar, but which are separate and distinct. Through such admission the jury might be led to infer his guilt, rather than'to establish it from the evidence,…
1Concurrence
BUDGE, J.,
Concurring Specially. — Appellant was charged with the larceny of a eolt, the property of L. E. Stewart. From the record it appears that Stewart owned a mare, which he turned on the range in the early spring of 1916, and which he and his father-in-law, Kilbourn, saw about May 12, 1916, with a black colt, about ten days old, having a star in its forehead and a crooked left hind foot; that they did not know the sire of this colt; and that they did not see the colt again until July 20, 1917, more than 14 months later, when Kilbourn located a black colt with the same characteristics on…
2Cases cited6 opinions
- State v. GarciaNew Mexico Supreme Court · 1914
- Sykes v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- State v. BurkeIdaho Supreme Court · 1905
- Smith v. StateCourt of Criminal Appeals of Texas · 1902
- Hilligas v. StateNebraska Supreme Court · 1898
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