State v. Reed
Idaho Supreme Court
WRIT OE ERROR dismissed from District Court, Shoshone County. Under the statutes regulating appeals in criminal cases, an exception taken under section Tfilo of the Statutes of Idaho, subdivision 1, “in refusing to grant a motion for a change of place of trial,” could not be heard by this court until after final judgment, or, rather) on an appeal from a final judgment of conviction.
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WRIT OE ERROR dismissed from District Court, Shoshone County. Under the statutes regulating appeals in criminal cases, an exception taken under section Tfilo of the Statutes of Idaho, subdivision 1, “in refusing to grant a motion for a change of place of trial,” could not be heard by this court until after final judgment, or, rather) on an appeal from a final judgment of conviction. (Idaho Stats., sec. 8042.) The constitution seems to have introduced a change in this system — a change long needed — under which the rights of defendants are more surely protected, and the unnecessary cost to the…
1Opinion of the CourtHuston, C. J.
The defendant was indicted at the September term, 1893, óf the district court of Shoshone county, for the crime of murder. On October 3, 1893, he was arraigned, and demurred to the indictment, and, the same being overruled, on the sixth day of October, 1893, he entered his plea of not guilty, at same time giving notice in open court that he would apply for a change of venue, and on same day filed his petition and certain affidavits in support thereof. The motion for change of venue being overruled, defendant applied to this court for a writ of error, and brings said ruling of district court…
2Cases cited9 opinions
- People v. JordanCalifornia Supreme Court · 1884
- Hihn v. PeckCalifornia Supreme Court · 1866
- Haight v. GayCalifornia Supreme Court · 1857
- McCourtney v. FortuneCalifornia Supreme Court · 1871
- Ex Parte ThistletonCalifornia Supreme Court · 1877
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3Cited by7 opinions
- In re a Writ of Habeas Corpus for SharpIdaho Supreme Court · 1908
- State v. McClurgIdaho Supreme Court · 1931
- Electors of Big Butte Area v. State Board of EducationIdaho Supreme Court · 1957
- Haines v. State Insurance FundIdaho Supreme Court · 1944
- O'Neill v. StateIdaho Supreme Court · 1969
2 more not listed; retrieve them via the Exa API.