State v. Woods

On Application for Rehearing.

WEBER, C. J.

A petition for rehearing has been filed. Hon. James F. Ailshie, of Idaho, who made an unusually strong oral argument and whose brief on appeal covered every phase of the case, has reargued the issues. Hon. Thomas Marioneaux has also presented an illuminating brief. Both counsel disagree with our position, which is stated by Judge Marioneaux to be:

“In order to ascertain whether the error assigned upon appeal in a criminal case is prejudicial, the court will examine the testimony, and if it is clearly satisfied of the defendant’s guilt, and is further…