State v. Douglass
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Prosecution for the crime of burning hay. Defendant was convicted, and appeals. The question as to whether a person on trial has been tried previously for the same offense is a question of fact to be determined partly by the record of the former proceeding and partly by evidence outside the record.
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APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Prosecution for the crime of burning hay. Defendant was convicted, and appeals. The question as to whether a person on trial has been tried previously for the same offense is a question of fact to be determined partly by the record of the former proceeding and partly by evidence outside the record. (16 C. J. 426; Sweeney v. State, 16 Ga. 467, 468; Goode v. State, 70 Ga. 752, 754.) The authority of a court to amend its record by a nunc pro tunc order is to make it speak the truth, but…
1Opinion of the CourtLee, J.
On November 4, 1917, a criminal complaint was filed before a magistrate of Ada county, charging appellant Ed. W. Douglass under C. S., sec. 8556, with having feloniously set fire to and burned a stack of hay, the property of one Henry Blucher, and he was held to answer the charge in the district court of Ada county. On November 30th thereafter the prosecuting attorney of said county filed an *144information charging appellant with having committed said offense on the fourth day of November. Appellant moved to set aside the information, which motion was sustained, and the clerk made an entry upon…
Also in this document: Concurrence.
2Cases cited19 opinions
- In Re WightSupreme Court of the United States · 1890
- Gagnon v. United StatesSupreme Court of the United States · 1904
- Kaufman v. ShainCalifornia Supreme Court · 1896
- State v. IrwinIdaho Supreme Court · 1903
- Gonzales v. CunninghamSupreme Court of the United States · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Davis v. StateIdaho Court of Appeals · 1989
- State v. BushIdaho Supreme Court · 1930
- State v. CoslerIdaho Supreme Court · 1924
- State v. BoyattIdaho Supreme Court · 1939
- State v. WardIdaho Supreme Court · 1931
8 more not listed; retrieve them via the Exa API.