State v. Grimmett
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Carl A. Davis, Presiding Judge. From a conviction of the crime of grand larceny, defendant appeals. There is a distinction between acts which may by statute be made prima facie evidence of certain facts and acts which cannot be given such effect without denying a defendant the due process of law.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Carl A. Davis, Presiding Judge. From a conviction of the crime of grand larceny, defendant appeals. There is a distinction between acts which may by statute be made prima facie evidence of certain facts and acts which cannot be given such effect without denying a defendant the due process of law. (Voght v. State, 124 Ind. 358, 24 N. E. 680; State v. Divine, 98 N. 0. 778, 48 S. E. 477; People v. Cannon, 139 N. T. 32, 36 Am. St. 668, 34 N. E. 759.) “As to the presumptions, of course the legislature…
1Opinion of the CourtRice, J.
The appellant was convicted of the crime of grand larceny of a certain cow, and appeals from the judgment.
It is contended by appellant that the court erred in permitting evidence to be introduced relative to an unrecorded brand upon the cow.
G. S., sec. 1920, provides: “All brands, earmarks and ear-tags shall be recorded with the department of agriculture. No evidence of ownership of stock by brand, earmark or eartag shall be permitted in any court of this state unless the brand or earmark or eartag be recorded as provided in this article.”
C. S., sec. 1927, provides: “In all suits at law or in…
2Cases cited15 opinions
- Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
- Bailey v. AlabamaSupreme Court of the United States · 1911
- Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
- Luria v. United StatesSupreme Court of the United States · 1913
- McFarland v. American Sugar Refining Co.Supreme Court of the United States · 1916
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3Cited by32 opinions
- Watson v. StateCourt of Appeals of Maryland · 2001
- State v. GilbertIdaho Supreme Court · 1943
- State v. GonzalesIdaho Supreme Court · 1968
- State v. KellySupreme Court of Minnesota · 1944
- State v. WilsonIdaho Supreme Court · 1969
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