Legal Opinion

State v. Miles

Idaho Supreme Court

Decided February 5, 1906PublishedCited by 5 opinions

APPEAL from the District Court of Bannock County. Honorable Alfred Budge, Judge. Defendant was convicted of the crime of burglary and appealed to this court. On motion the appeal was dismissed on the ground that the appellant failed to serve a copy of the transcript and his brief on the attorney general. The facts are stated in the opinion.

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APPEAL from the District Court of Bannock County. Honorable Alfred Budge, Judge. Defendant was convicted of the crime of burglary and appealed to this court. On motion the appeal was dismissed on the ground that the appellant failed to serve a copy of the transcript and his brief on the attorney general. The facts are stated in the opinion. The respondent’s motion to dismiss is based upon the fact that no service of the transcript or brief herein has ever been made upon the attorney general. The attorney general is by law charged with the duty of representing the people of the state or of any…

1Opinion of the CourtSullivan, J.

— The appellant in this case was convicted of the crime of burglary and sentenced to a term of five years in the state penitentiary. The attorney general moved to dismiss the appeal (1) on the ground that no copy of the transcript of the record was ever served upon the respondent or its attorney, and no written evidence of such service had been filed as provided in paragraph 9 of rule 27 of the rules of this court. As to that ground of said motion, paragraph 9 of rule 27 of the rules of this court provides that in all cases where an appeal is perfected, transcripts of the record (showing the…

2Cases cited6 opinions

  1. People ex rel. Robison v. SwiftMichigan Supreme Court · 1886
  2. People v. BurtMichigan Supreme Court · 1883
  3. Stewart v. StateIndiana Supreme Court · 1865
  4. People ex rel. Livingston v. PachecoCalifornia Supreme Court · 1865
  5. People v. NavarreMichigan Supreme Court · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. ColeIdaho Supreme Court · 1918
  2. State v. SquiresIdaho Supreme Court · 1908
  3. Corker v. Elmore CountyIdaho Supreme Court · 1906
  4. State v. BurgyIdaho Supreme Court · 1912
  5. State v. SquiresIdaho Supreme Court · 1908

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