State v. West
Idaho Supreme Court
APPEAL from tbe District Court of Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Prosecution for grand larceny. Defendant found guilty. The information in this ease discloses an attempt to aver two separate and distinct offenses, the second of which is incomplete.
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APPEAL from tbe District Court of Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Prosecution for grand larceny. Defendant found guilty. The information in this ease discloses an attempt to aver two separate and distinct offenses, the second of which is incomplete. (State v. Bliss, 27 Wash. 463, 68 Pac. 87, 88; People v. Smith, 103 Cal. 563, 37 Pac. 516; People v. Turner, 113 Cal. 278, 45 Pac. 331; 22 Cyc. 364 et seq.; Keech v. State, 15 Fla. 591; State v. Swensen, 13 Ida. 1, 81 Pac. 379; Mershon v. State, 51 Ind. 14; State v. Johnson, 45 S. C. 483, 23 S. B. 619;…
1Opinion of the CourtSullivan, J.
The appellant was convicted of grand larceny for stealing a brown gelding, and sentenced to a term of six years in the penitentiary. This case was once before this court. (State v. West, 11 Ida. 157, 81 Pac. 107.) On that appeal the judgment of the trial court was reversed and a new trial granted. A new trial was had and a verdict of guilty was found by the jury and the judgment was six years’ imprisonment. A motion for a new trial was overruled and this appeal is from that order- and the judgment of conviction.
Two errors are assigned, one of which goes to the sufficiency of the information,…
Also in this document: Concurrence.
2Cases cited1 opinion
- State v. WestIdaho Supreme Court · 1905
3Cited by8 opinions
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- Martin K. Eby Construction Co., Inc. v. Sandra Lee Neely, by Her Legal Representative and Guardian, Cecile v. NeelyCourt of Appeals for the Tenth Circuit · 1965
- Stout v. Denver Park & Amusement Co.Supreme Court of Colorado · 1930
- Miller-DuPont, Inc. v. ServiceSupreme Court of Colorado · 1949
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