State v. Sims
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. "Win. A. Babcock, Judge. Judgment of conviction for adultery. Mere disposition and opportunity to commit adultery are not alone sufficient to justify a conviction, but there must be circumstances inconsistent with any other reasonable hypothesis.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. "Win. A. Babcock, Judge. Judgment of conviction for adultery. Mere disposition and opportunity to commit adultery are not alone sufficient to justify a conviction, but there must be circumstances inconsistent with any other reasonable hypothesis. (State v. Trachsel, 150 Iowa, 135, 129 N. "W. 736.) The evidence is insufficient to support the verdict of the jury or the judgment rendered thereon. (State v. Trachsel, supra; People v. Turner, 260 111. 84, Ann. Cas. 1914D, 144, 102 N. E. 1036.) An…
1Opinion of the CourtMccarthy, J.
Defendant was convicted of adultery, and appeals to this court. His specification of errors is as follows: “The court erred (1) in giving instruction No. 20; (2) in refusing to admit testimony tending to show that this prosecution was malicious (ff. 1107 to 1112, inclusive), and in refusing to admit testimony which would explain the actions of the defendant wherein he attempted to have Ruth Emile Jester leave Twin Falls, Idaho; (3) the evidence is insufficient to support the verdict of the jury and the judgment rendered thereon.
We will consider the errors specified in the order which we…
2Cases cited12 opinions
- State v. MaguireIdaho Supreme Court · 1917
- State v. EgglestonOregon Supreme Court · 1904
- State v. SimesIdaho Supreme Court · 1906
- State v. KnudtsonIdaho Supreme Court · 1905
- State v. JonesIdaho Supreme Court · 1916
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3Cited by14 opinions
- State v. BrownIdaho Supreme Court · 1933
- State v. LinebargerIdaho Supreme Court · 1951
- State v. CoslerIdaho Supreme Court · 1924
- State v. MundellIdaho Supreme Court · 1945
- State v. MillerIdaho Supreme Court · 1939
9 more not listed; retrieve them via the Exa API.