State v. Lundhigh
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. P. J. Cowen, Judge. Defendant was convicted of murder in the second degree. Appeal from the judgment and order denying motion for new trial. Before a legal conviction can be had, the state must have established the accused person’s guilt of the crime charged by legal evidence and beyond reasonable doubt.
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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. P. J. Cowen, Judge. Defendant was convicted of murder in the second degree. Appeal from the judgment and order denying motion for new trial. Before a legal conviction can be had, the state must have established the accused person’s guilt of the crime charged by legal evidence and beyond reasonable doubt. (State v. Seymour, 7 Ida. 257, 61 Pac. 1033, 7 Ida. 548, 63 Pae. 1036; State v. Marquardsen, 7 Ida. 352, 62 Pac. 1034.) Dying declarations are admissible only when made under the fear of impending death…
1Opinion of the CourtRice, J.
In this case defendant was convicted of murder in the second degree. The charging part of the information reads as follows: “The said Alfred Lundhigh, on or about the 11th day of June, 1915, at the county of Bingham and state of Idaho, and prior to the filing of this information, did then and there wilfully, unlawfully, feloniously, and with malice aforethought, kill and murder one Evangelos Pappas, a human being.” Demurrer was filed to this information, on the ground that it does not substantially conform to the requirements of sections 7677, 7678 and 7679, Rev. Codes of Idaho, and further,…
2Cases cited26 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Davis v. United StatesSupreme Court of the United States · 1895
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- People v. WittCalifornia Supreme Court · 1915
- People v. CroninCalifornia Supreme Court · 1867
21 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Neusbaum v. StateCourt of Appeals of Maryland · 1928
- State v. McMahanIdaho Supreme Court · 1937
- State v. McClurgIdaho Supreme Court · 1931
- State v. Van VlackIdaho Supreme Court · 1937
- State v. OrrIdaho Supreme Court · 1933
41 more not listed; retrieve them via the Exa API.