State v. Knudtson
Idaho Supreme Court
APPEAL from tbe District Court iu and for Latah. County. Honorable Edgar C. Steele, Judge. Defendant John Knudtson was charged by information jointly with one Fred Hanning with the crime of arson. From a judgment of conviction and an order denying his motion for a new trial, defendant appealed. The facts are stated in the opinion.
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APPEAL from tbe District Court iu and for Latah. County. Honorable Edgar C. Steele, Judge. Defendant John Knudtson was charged by information jointly with one Fred Hanning with the crime of arson. From a judgment of conviction and an order denying his motion for a new trial, defendant appealed. The facts are stated in the opinion. One who has been jointly indicted with a defendant and has entered a plea of guilty is not a competent witness for the state on the trial of his codefendant. (Rev. Stats., secs. 7860-7862; 2 Hawk. P. C., e. 46, sec. 18; 1 ITale’s P. C., p. 305; 3 Russell on Crimes,…
1Opinion of the CourtAilshie, J.
— The defendant and one Fred Hanning were charged jointly on information by the prosecuting attorney *526with the crime of arson. Previous to the trial Hanning pleaded guilty, and at the trial of the defendant Knudtson the state called Hanning as a witness against this defendant. Defendant objected to Hanning testifying against him on the ground that Hanning had not been discharged from the information. Counsel for defendant placed his chief reliance upon the provisions of sections 7860, 7861 and 7862 of the Devised Statutes, which sections provide as follows:
“See. 7860. When two or more…
Also in this document: Concurrence.
2Cases cited4 opinions
- State v. MagoneOregon Supreme Court · 1897
- McGinness v. StateWyoming Supreme Court · 1893
- People v. BilesIdaho Supreme Court · 1885
- People v. NewberryCalifornia Supreme Court · 1862
3Cited by23 opinions
- Commonwealth v. TraceySuperior Court of Pennsylvania · 1939
- State v. OrrIdaho Supreme Court · 1933
- State v. MundellIdaho Supreme Court · 1945
- State v. JurkoIdaho Supreme Court · 1926
- State v. BrownIdaho Supreme Court · 1933
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