In re Schuster
Idaho Supreme Court
Original application to this court for a writ of habeas corpus. Writ granted and the prisoner remanded to the district court for further proceedings in the matter of admitting him to bail. The conditions of subd. 1, sec. 8105, Rev. Codes, apply only to a case where the judgment is one of fine only.
Read the full summary
Original application to this court for a writ of habeas corpus. Writ granted and the prisoner remanded to the district court for further proceedings in the matter of admitting him to bail. The conditions of subd. 1, sec. 8105, Rev. Codes, apply only to a case where the judgment is one of fine only. It seems to be the view of the trial court, where a judgment of imprisonment and fine is given, that the bail bond must contain the conditions of both subdivisions 1 and 2. If the word “only” were omitted from the first subdivision, the position of the trial court might be a rational one, but the…
1Opinion of the CourtSullivan, J.
This is an original application to this court for a writ of habeas corpus. The petitioner was tried in the district court of Twin Falls county upon a charge of illegally selling intoxicating liquors within a prohibition district. The information contained two counts. The first was based upon the sale of whisky on April 15, 1913, and the second on a like sale made on April 6, 1913. Upon the trial the prisoner was convicted on both counts, and upon the first was sentenced to imprisonment in the county jail for a term of six months and to pay a fine of $500 and costs of prosecution, and upon the…
2Cited by1 opinion
- State v. LeeperIdaho Supreme Court · 1917