State v. White
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 Joseph Whitaker, the prosecuting witness. The statute never intended -that a defendant should be prosecuted upon depositions of the prosecuting witness. The deposition was inadmissible for any purpose.
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 Joseph Whitaker, the prosecuting witness. The statute never intended -that a defendant should be prosecuted upon depositions of the prosecuting witness. The deposition was inadmissible for any purpose. (State v. Potter, 6 Idaho, 584, 57 Pac. 431; People v. Morine, 54 Cal. 575; People v. Bojorquez, 55 Cal. 463; Pooler v. State, 97 Wis. 627, 73 N. W. 336; State v. Lee, 13 Mont. 248, 33 Pac. 690; People v. Ah Chuñe, 57 Cal. 567.) There…
1Opinion of the CourtHuston, C. J.
The defendant was convicted of an assault with intent to commit murder. This appeal is from the judgment of conviction, and from the order overruling defendant’s motion for a new trial. Some twenty assignments of error are urged.
The first is that the court erred in overruling defendant’s motion for a continuance. The granting of a continuance is largely in the discretion of the trial court, and, as the record in this case does not contain the ground upon which the motion was predicated, we cannot say that there was an abuse of discretion.
The second, third, fourth, and fifth assignments of…
2Cases cited3 opinions
- State v. PotterIdaho Supreme Court · 1899
- People v. BilesIdaho Supreme Court · 1885
- Crews v. BairdIdaho Supreme Court · 1885
3Cited by14 opinions
- State v. ClokeyIdaho Supreme Court · 1961
- State v. AndersonIdaho Supreme Court · 1960
- State v. BoyengerIdaho Supreme Court · 1973
- State v. DunnIdaho Supreme Court · 1927
- State v. IrelandIdaho Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.