State v. Grady
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James R. Bothwell, Presiding Judge. From an order sustaining defendant’s plea of once in jeopardy, the state appeals.
1Opinion of the CourtMorgan, J.
Respondent was charged, by information, with grand larceny, to which he entered a plea of not guilty. The cause was submitted to a jury, which, after deliberating for some time, advised the court of its inability to reach an agreement and it was thereupon discharged. "When the cause was again brought on for trial respondent entered a plea of once in jeopardy, wherein he alleged that he was not present in court when the jury was discharged and had not waived his statutory right to be present. The state demurred to the plea and moved that it be disallowed and dismissed. The demurrer and motion…
Also in this document: Concurrence.
2Cases cited7 opinions
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- People v. KnowlesCalifornia Court of Appeal · 1915
- State v. CraigSupreme Court of Missouri · 1909
- State v. RidenbaughIdaho Supreme Court · 1897
- Oklahoma City v. TuckerCourt of Criminal Appeals of Oklahoma · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. LewisIdaho Supreme Court · 1975
- State v. TinnoIdaho Supreme Court · 1972
- Miller v. Gooding Highway DistrictIdaho Supreme Court · 1934
- State v. YoungIdaho Supreme Court · 1999
- Tremelling v. Southern Pac. Co.Utah Supreme Court · 1927
6 more not listed; retrieve them via the Exa API.