Legal Opinion

State v. Dunn

Idaho Supreme Court

Decided January 3, 1907PublishedCited by 9 opinions

'APPEAL from the District Court in and for Boise County. Hon. George H. Stewart, Judge. Prosecution by information on the charge of grand larceny. Defendants were convicted and sentenced to a term in the state penitentiary, and appealed from the judgment and an order denying their motion for a new trial.

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'APPEAL from the District Court in and for Boise County. Hon. George H. Stewart, Judge. Prosecution by information on the charge of grand larceny. Defendants were convicted and sentenced to a term in the state penitentiary, and appealed from the judgment and an order denying their motion for a new trial. When the trial court permitted, over the objection of the defendants, the following question and answer: “ Q. What is your brand? A. Quarter circle A, on-,” an error was committed that must, from the nature of things, be considered reversible error; else the legislature had as well added to…

1Opinion of the CourtAilshie, J.

The defendants were convicted of the crime of grand larceny, and appealed from .the order and judgment denying a motion for a new trial. The first specification of error is directed against the ruling of the court in admitting plaintiff’s exhibit 1, which purports to be a bill of sale of the animal that is alleged to have been stolen, given by one John Carter to the complaining witness. This instrument is not very intelligible, but that is no sufficient reason for its rejection in evidence for whatever information it might furnish the jury. There was no error in its admission.

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2Cases cited3 opinions

  1. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  2. Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
  3. State v. RathboneIdaho Supreme Court · 1901

3Cited by9 opinions

  1. State v. GrimmettIdaho Supreme Court · 1920
  2. State v. SonnenscheinSouth Dakota Supreme Court · 1916
  3. State v. BasingerIdaho Supreme Court · 1928
  4. Radermacher v. DanielsIdaho Supreme Court · 1943
  5. State v. RandolphOregon Supreme Court · 1917

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