State v. Ireland
Idaho Supreme Court
APPEAL from District Court of Custer County. Honorable J. M. Stevens, Judge. Defendant was convicted of grand larceny. In the information, the property is alleged to be that of By-bee, but on the trial it was proved to be that of the firm of Bybee & Jones, and this is in law a fatal variance. (People v. Frank, 1 Idaho, 200; Scott v. State, 42 Ark. 73; McGowan v. State, 58 Ark. 17, 22 S. W. 955; Hanndhan v. State, 7 Tex.
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APPEAL from District Court of Custer County. Honorable J. M. Stevens, Judge. Defendant was convicted of grand larceny. In the information, the property is alleged to be that of By-bee, but on the trial it was proved to be that of the firm of Bybee & Jones, and this is in law a fatal variance. (People v. Frank, 1 Idaho, 200; Scott v. State, 42 Ark. 73; McGowan v. State, 58 Ark. 17, 22 S. W. 955; Hanndhan v. State, 7 Tex. App. 664; People v. Bogart, 36 Cal. 245; McBride v. Commonwealth,, 13 Bush (Ky.), 337; Robinson v. State, 5 Tex. App. 519; People v. Reed, 70 Cal. 529, 11 Pac. 676; Wharton’s…
1Opinion of the CourtSullivan, C. J.
The defendant was convicted of the ■crime of grand larceny at the August term of the district court in Custer county, and was sentenced to confinement in the penitentiary for three years. By information of the county attorney defendant was charged with having stolen a black horse, the property of one Bybee. The appeal is from an order denying a new trial and from a judgment. Counsel for appellant assign thirty-seven errors as the basis for reversal of the judg*690inent. It is contended by counsel for appellant that in the information the title to said horse is alleged to be in said Bybee, and…
2Cases cited7 opinions
- People v. ClarkCalifornia Supreme Court · 1895
- State v. PotterIdaho Supreme Court · 1899
- State v. RathboneIdaho Supreme Court · 1901
- State v. WhiteIdaho Supreme Court · 1900
- State v. FarrisIdaho Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. HewittIdaho Supreme Court · 1953
- State v. DavisIdaho Supreme Court · 1937
- State v. RookeIdaho Supreme Court · 1904
- State v. BatesIdaho Supreme Court · 1941
- People v. DuncanCalifornia Court of Appeal · 1913
7 more not listed; retrieve them via the Exa API.