State v. Potter
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. The court committed a serious error in admitting in evidence over defendant’s objection, an alleged deposition of one M. Wells. The deposition was not shown to have been taken in the preliminary examination of defendant upon said charge or in any other judicial proceeding and so far as appears upon its face it may have been taken ex parte. It was not certified or authenticated as required by law and was clearly inadmissible.
Read the full summary
APPEAL from District Court, Nez Perces County. The court committed a serious error in admitting in evidence over defendant’s objection, an alleged deposition of one M. Wells. The deposition was not shown to have been taken in the preliminary examination of defendant upon said charge or in any other judicial proceeding and so far as appears upon its face it may have been taken ex parte. It was not certified or authenticated as required by law and was clearly inadmissible. (Idaho Rev. Stats., sec. 7576; State v. Braithwaite, 3 Idaho, 119, 27 Pac. 731; Williams v. Chadbourne, 6 Cal. 559; People…
1Opinion of the CourtHuston, C. J.
— The defendant was convicted of assault with intent to commit rape, and ’from the judgment of conviction and the order denying defendant’s motion for a new trial this appeal is taken. Appellant assigns several errors In the admission of evidence, but we do not think the rulings cf the trial court thereon were erroneous, or, if erroneous, that they could have been in any way prejudicial to the defendant.
The prosecution offered in evidence certain depositions taken upon the preliminary examination of defendant before the magistrate, which were objected to by defendant, upon the ground that…
2Cases cited1 opinion
- Territory v. EvansIdaho Supreme Court · 1890
3Cited by17 opinions
- State v. SharpIdaho Supreme Court · 1980
- State v. BondIdaho Supreme Court · 1906
- State v. ElisondoIdaho Supreme Court · 1988
- State v. MeeIdaho Supreme Court · 1981
- State v. VillarrealIdaho Supreme Court · 1971
12 more not listed; retrieve them via the Exa API.