Legal Opinion

State v. McGann

Idaho Supreme Court

Decided November 18, 1901PublishedCited by 13 opinions

APPEAL from District Court, Idaho County. The depositions taken at the preliminary examination and the certificate of the magistrate made at the time do not comply with sections 7571 and 7576 of the Revised Statutes in this: The deposition of T. W. Nickel does not state the “business or profession” of the witness and does not state “his place of residence.” The depositions do not state the ground on which “a question put to the witness was overruled.”

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APPEAL from District Court, Idaho County. The depositions taken at the preliminary examination and the certificate of the magistrate made at the time do not comply with sections 7571 and 7576 of the Revised Statutes in this: The deposition of T. W. Nickel does not state the “business or profession” of the witness and does not state “his place of residence.” The depositions do not state the ground on which “a question put to the witness was overruled.” (State v. Braithwaite, 3 Idaho, 119, 27 Pac. 731; State v. Farris, 5 Idaho, 666, 51 Pac. 772; State v. Ciarle, 4 Idaho, 7, 35 Pac.. 711.) The…

1Opinion of the CourtQuarles, C. J.

— The appellant was prosecuted in the district court in and for Idaho county upon an information of the prosecuting attorney charging the appellant with the crime of murder in the first degree, and was on the twenty-sixth day of May, 1901, found guilty of manslaughter by the jury, and thereafter was duly sentenced by the district court to serve a period of ten years at hard labor in the state penitentiary. From the judgment of conviction against him, appellant appeals to this court.

A number of assignments of error are made by appellant, based upon the action of the court before and during the…

2Cases cited2 opinions

  1. State v. PrestonIdaho Supreme Court · 1894
  2. State v. GriffinIdaho Supreme Court · 1895

3Cited by13 opinions

  1. State v. CreaIdaho Supreme Court · 1904
  2. State v. BarberIdaho Supreme Court · 1907
  3. In re KnudtsonIdaho Supreme Court · 1905
  4. State v. AllenIdaho Supreme Court · 1911
  5. State v. WilmbusseIdaho Supreme Court · 1902

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