Legal Opinion

State v. Brassfield

Idaho Supreme Court

Decided April 16, 1921PublishedCited by 5 opinions

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Appellant was convicted of the crime of grand larceny. Book entries as original evidence are incompetent evidence, unless the entrant is unavailable as a witness (Wig-more on Evidence, secs. 1517-1561), unless under the “shop-book rule”-applicable only in actions based on book accounts.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Appellant was convicted of the crime of grand larceny. Book entries as original evidence are incompetent evidence, unless the entrant is unavailable as a witness (Wig-more on Evidence, secs. 1517-1561), unless under the “shop-book rule”-applicable only in actions based on book accounts. Book entries are otherwise admissible only when refreshing recollection of witness, or known by witness to have been correct when made. (Wigmore on Evidence, sec. 747; Comer v. Nelson, 28 Mise. Rep.…

1Opinion of the Court

BUDGE, • J.

Appellant was convicted of the crime of grand larceny. This appeal is from the judgment.

The record discloses that about January 17, 1917, one Chris Jensen, who was in charge of the Knudsen ranch at Eight Mile Creek, Ada county, discovered that four horses and two sets of harness in his charge, belonging to the firm-of Morrison & Knudsen, were missing. On January 18th, he reported the loss to Morrison, who subsequently located the stolen property at Twin Falls, in the possession of Nick Smith, who on that day had purchased the horses and harnesses from a man representing himself to…

2Cases cited27 opinions

  1. Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
  2. Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
  3. Paine v. SherwoodSupreme Court of Minnesota · 1875
  4. Atlas Shoe Co. v. BloomMassachusetts Supreme Judicial Court · 1911
  5. Atchison, Topeka & Santa Fe Railway Co. v. WilliamsCourt of Appeals of Texas · 1905

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

3Cited by5 opinions

  1. State v. BrassfieldIdaho Supreme Court · 1925
  2. State v. EwertSouth Dakota Supreme Court · 1928
  3. State v. DanaheySupreme Court of Rhode Island · 1971
  4. State v. O'DELLWashington Supreme Court · 1955
  5. Fredricksen v. FullmerIdaho Supreme Court · 1953

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