People v. Nash
Idaho Supreme Court
Appeal from the second judicial district, Boise county. An indictment under a statute must state all sucb facts and circumstances as constitute the statutory offense, so as to bring the party indicted clearly within the provisions of the statute. {People v. Cohn, 8 Cal. 48; Commonwealth v. Proiou, 8 Mass. 65; Commonwealth v. Phillips, 16 Pick. 213; People v. Muckier, 9 Cal. 44; People v. Saviers, 14 Id. 30; People -v. Allen, 5 Denio, 76; People v. Taylor, 3 Id. 91.) The…
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Appeal from the second judicial district, Boise county. An indictment under a statute must state all sucb facts and circumstances as constitute the statutory offense, so as to bring the party indicted clearly within the provisions of the statute. {People v. Cohn, 8 Cal. 48; Commonwealth v. Proiou, 8 Mass. 65; Commonwealth v. Phillips, 16 Pick. 213; People v. Muckier, 9 Cal. 44; People v. Saviers, 14 Id. 30; People -v. Allen, 5 Denio, 76; People v. Taylor, 3 Id. 91.) The charge, as laid in the indictment, that the officer was in the “discharge of his dntj as such sheriff,” is too general. (1…
1Opinion of the CourtMcBride, C. J.
Cummins, J., concurring, Kelly, J., dissenting.
The defendant was indicted for resisting an officer while in the discharge of his official duty, by assaulting him with a pistol. On arraignment in the lower court the defendant demurred to the indictment on the ground that it did not allege “that Crutcher (the officer) was attempting to serve any process, or that he had any process to serve at the time,” etc. This the court overruled and defendant excepted, and now assigns said ruling as error. The defendant then entered the plea of not. guilty, and on the trial was convicted of the offense…
2Cited by12 opinions
- State v. NeilIdaho Supreme Court · 1937
- Roberson v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- State v. KnutsonIdaho Supreme Court · 1929
- People v. StapletonIdaho Supreme Court · 1884
- Heinzman v. StateCourt of Criminal Appeals of Oklahoma · 1929
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