State v. Haverly
Idaho Supreme Court
APPEAL from District Court, Kootenai County. While possession of stolen property, or possession of property taken from a building recently burglarized is a circumstance to be considered with other circumstances tending to show guilt, it is not alone sufficient to warrant a conviction of larceny or burglary. (People v. Hurley, CO Cal. 74, 44 Am.
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APPEAL from District Court, Kootenai County. While possession of stolen property, or possession of property taken from a building recently burglarized is a circumstance to be considered with other circumstances tending to show guilt, it is not alone sufficient to warrant a conviction of larceny or burglary. (People v. Hurley, CO Cal. 74, 44 Am. Rep. 55; People v. Flynn, 73 Cal. 511, 15 Pac. 102; State v. Tilton, 63 Iowa, 117, 18 N W.. 716.) Improper language by the prosecuting attorney is grounds for reversal. (People v. Bowers, 79 Cal. 415, 21 Pac. 752; People v. Fowler, 104 Mich. 449, 62 N.…
1Opinion of the CourtHuston, J.
The defendant was convicted of the crime of burglary in the first degree. Motion for new trial was made and overruled. This appeal is from the judgment and from the order overruling motion for new trial. Eighteen errors are assigned, upon which a reversal is asked. We shall consider and pass upon such as we deem material. As to the first, second, and third assigned errors, it is sufficient to say that we have repeatedly held that, where error is relied upon, it must appear affirmatively in the record. Under this established rule, the first three errors assigned by appellant will not be…
2Cited by10 opinions
- State v. MundellIdaho Supreme Court · 1945
- State v. CorcoranIdaho Supreme Court · 1900
- Klamath Irrigation District v. United StatesOregon Supreme Court · 2010
- State v. PuckettIdaho Supreme Court · 1965
- State v. RathboneIdaho Supreme Court · 1901
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