State v. Willis
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. A prosecution for the crime of murder. Judgment for the state finding the defendant guilty of murder in the second degree.
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APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. A prosecution for the crime of murder. Judgment for the state finding the defendant guilty of murder in the second degree. “The prevailing rule is that where evidence is erroneously admitted, or admitted on the promise to connect it with the other evidence, which promise is not fulfilled, the error may be cured by withdrawing it by an instruction which admonishes the jury in distinct terms not to regard it in considering their verdict.” (Thompson on Trials, see. 2354; Davis v. Peveler,…
1Opinion of the CourtStewart, J.
The appellant was tried upon an information against him by the prosecuting attorney of Bannock county, in which the appellant was charged with the crime of murder in the first degree in the killing of one Chauneey Sessions. The jury found the appellant guilty of murder in the second degree, and the trial court committed him to the state penitentiary for a term of from fifteen to thirty-five years. This appeal is from the judgment and also from the order denying a motion for a new trial.
It is admitted that the appellant killed Chauneey Sessions by cutting his throat with a knife. The facts are…
2Cases cited3 opinions
- People v. FitzgeraldCalifornia Supreme Court · 1902
- Thomas v. StateCourt of Criminal Appeals of Texas · 1895
- Lynch v. StateCourt of Appeals of Texas · 1887
3Cited by9 opinions
- State v. BeasonIdaho Supreme Court · 1973
- State v. SnowdenIdaho Supreme Court · 1957
- State v. WilsonIdaho Supreme Court · 1932
- State v. CarpenterIdaho Supreme Court · 1947
- State v. GouldIdaho Supreme Court · 1935
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