State v. Yturaspe
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Prosecution for assault upon information. “The district court has no jurisdiction to try any person for an offense by information until the statute in regard to preliminary examinations has been complied with.”
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Prosecution for assault upon information. “The district court has no jurisdiction to try any person for an offense by information until the statute in regard to preliminary examinations has been complied with.” (State v. Braithwaite, 3 Ida. 119, 27 Pac. 731.) In construing statutes similar to ours, the courts have quite uniformly held that pointing’ an unloaded gun at another is not an assault. (State v. N upper, 6 Nev. 113; People v. Sylva, US' Cal., 62, 76 Pac. 814; Slate v. Godfrey,…
1Opinion of the CourtStewart, C. J.
On June 5, 1911, the prosecuting attorney of Ada county filed an information in the district court charging “that Luis Yturaspe is accused by this information of the crime of assault with a deadly weapon, which said crime was committed as follows: That said Luis Yturaspe on or about the 29th day of April, 1911, in the county of Ada, in the state of Idaho, did then and there wilfully, unlawfully and feloniously commit an assault upon the person of one James A. Percy with a deadly weapon, to wit: a certain rifle then and there loaded with powder and leaden bullets.”
On the 9th day of June, 1911,…
2Cases cited13 opinions
- State v. GodfreyOregon Supreme Court · 1889
- People v. SylvaCalifornia Supreme Court · 1904
- Chapman v. StateSupreme Court of Alabama · 1885
- State v. ClarkIdaho Supreme Court · 1894
- People v. MontgomeryCalifornia Court of Appeal · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- James W. Parker v. United StatesCourt of Appeals for the D.C. Circuit · 1966
- State v. PattersonIdaho Supreme Court · 1939
- State v. BushIdaho Supreme Court · 1930
- State v. PriceIdaho Supreme Court · 1923
- Hutton v. PeopleSupreme Court of Colorado · 1965
7 more not listed; retrieve them via the Exa API.