State v. Boise
Idaho Supreme Court
APPEAL from District Court, Nez Perees County. The defendant, William L. Boise, was prosecuted for and convicted of a violation of what is known as the “Anti-gambling Law,” passed at the fourth session of the Idaho legislature, and approved March 8, 1897, before a justice of the peace of Nez Perees county, and a fine of $200 was imposed against him. The case was tried before the justice, a jury having been waived by both parties.
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APPEAL from District Court, Nez Perees County. The defendant, William L. Boise, was prosecuted for and convicted of a violation of what is known as the “Anti-gambling Law,” passed at the fourth session of the Idaho legislature, and approved March 8, 1897, before a justice of the peace of Nez Perees county, and a fine of $200 was imposed against him. The case was tried before the justice, a jury having been waived by both parties. The only question presented by this ease is, Were the provisions of article 3, section 15 of the constitution complied with in the passage of the act? The record of…
1Opinion of the CourtHuston, J.
In the preparation of the transcript in this case there does not seem to have been even an attempt to comply with the rules of the court. There is scarcely a requirement of the rules that has not been ignored. Some latitude is usually extended in criminal cases in matters of appeal, both by the statutes and by the rules of 'court, but never to the extent assumed in this case. We should dismiss the appeal for want of a proper transcript were it not that an examination of the record satisfies us thai; the district court had no evidence before it upon which to predicate its judgment. The action…
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