Legal Opinion

State v. Gruber

Idaho Supreme Court

Decided April 19, 1911PublishedCited by 28 opinions

APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. Eobt. N. Dunn, Judge. Prosecution for murder in the first degree. Conviction had and defendant appealed. r Where an information describes an article with particularity, the proof will be held to that article so particularly described, and the allegation of the fifteen jeweled watch was not supported by the testimony of a watch with eleven jewels.

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APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. Eobt. N. Dunn, Judge. Prosecution for murder in the first degree. Conviction had and defendant appealed. r Where an information describes an article with particularity, the proof will be held to that article so particularly described, and the allegation of the fifteen jeweled watch was not supported by the testimony of a watch with eleven jewels. (Morgan v. State, 61 Ind. 447; Turner v. State, 50 Tenn. 452; Karris v. State (Tex. Cr. App.), 30 S. W. 221; State v. Kube, 20 Wis. 217, 91 Am.…

1Opinion of the CourtAilshie, Presiding J.

The appellant was prosecuted on information by the county attorney on the charge of the murder of one John H. Billings, and was convicted of murder in the first degree and sentenced to be hanged. This appeal is from the judgment and an order denying a motion for a new trial.

In order to intelligently deal with the errors assigned, it will be necessary to briefly state some of the leading facts which are disclosed by the record, and on which the conviction was had. The defendant was an electrician in the employ of a carnival show company, and he seems to have been generally known, by the name…

2Cases cited15 opinions

  1. State v. IrwinIdaho Supreme Court · 1903
  2. State v. McGreeveyIdaho Supreme Court · 1909
  3. People v. ArrighiniCalifornia Supreme Court · 1898
  4. State v. LarkinsIdaho Supreme Court · 1897
  5. Addison v. PeopleIllinois Supreme Court · 1901

10 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State v. OwenIdaho Supreme Court · 1953
  2. State v. DunnIdaho Supreme Court · 1967
  3. State v. MartinezIdaho Supreme Court · 1926
  4. State v. LinnIdaho Supreme Court · 1969
  5. State v. StevensIdaho Supreme Court · 1969

23 more not listed; retrieve them via the Exa API.

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