State v. Moon
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for the County of Ada. Hon. Fremont Wood, Judge. Defendant was charged with crime of assault with intent to commit murder and from a conviction of assault with a deadly weapon appeals. It is always permissible for the defendant to show, if he can, that some third person did in fact commit the crime charged against him.
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APPEAL from the District Court of the Third Judicial District for the County of Ada. Hon. Fremont Wood, Judge. Defendant was charged with crime of assault with intent to commit murder and from a conviction of assault with a deadly weapon appeals. It is always permissible for the defendant to show, if he can, that some third person did in fact commit the crime charged against him. (1 Wigmore, Ev., sec. 140, note 1; State v. McLain, 43 Wash. 267, 86 Pac. 390.) Instruction No. 12, given by the court to the jury, practically relieves the jury from the obligation of their oaths. (.Siberry v.…
1Opinion of the CourtWalters, District J.
The defendant, Louie Moon, was charged jointly with two others by an indictment returned by the grand jury of Ada county of an assault with intent to commit murder, on or about the 16th day of January, 1910, in Boise City, upon the person of one Fong Sue. Upon trial the defendant Louie Moon; was convicted of an assault with a deadly weapon, and from a judgment of the court thereon he prosecutes this appeal.
It appears that said assault was committed between the hours of 6 and 7 in the morning of January 16, 1910, and by some person or persons who had secreted themselves in the home of said…
Also in this document: Concurrence.
2Cases cited31 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Alexander v. United StatesSupreme Court of the United States · 1891
- People v. DoyellCalifornia Supreme Court · 1874
- Branch v. FaustIndiana Supreme Court · 1888
- Carlton v. PeopleIllinois Supreme Court · 1894
26 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- United States v. Darwin Clark BaileyCourt of Appeals for the Fifth Circuit · 1972
- State v. CottonIdaho Supreme Court · 1979
- State v. CypherIdaho Supreme Court · 1968
- State v. McClurgIdaho Supreme Court · 1931
- State v. LarsenIdaho Supreme Court · 1966
46 more not listed; retrieve them via the Exa API.