State v. Peck
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Judgment of conviction of grand larceny. The court erred in refusing to give defendant’s requested instruction No. 3, or the substance thereof, to the effect that the presumption arising from possession alone is completely removed by the good character alone of the defendant. {People v. Surly, 60 Cal. 74, 44 Am.
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APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Judgment of conviction of grand larceny. The court erred in refusing to give defendant’s requested instruction No. 3, or the substance thereof, to the effect that the presumption arising from possession alone is completely removed by the good character alone of the defendant. {People v. Surly, 60 Cal. 74, 44 Am. Rep. 55.) The court erred in refusing to advise the jury to acquit the defendant on the ground of the insufficiency of the evidence. {People v. Surly, 60 Cal. 77, 44 Am. Rep.…
1Opinion of the CourtStewart, J.
The defendant was convicted of the crime of grand larceny. He moved for a new trial, which was denied, and this appeal is from the order denying the motion for a new trial and from the judgment. The appellant assigns ten errors, the first of whieh relates to the admission of certain portions of the evidence of a witness introduced by the state. The second relates to the acts of the court in sustaining objections to certain questions asked a witness upon cross-examination by counsel for the defendant. The third relates to remarks made by the prosecuting attorney during his argument. The fourth…
2Cases cited5 opinions
- State v. RookeIdaho Supreme Court · 1904
- State v. SuttlesIdaho Supreme Court · 1907
- State v. WrightIdaho Supreme Court · 1906
- State v. DupuisIdaho Supreme Court · 1901
- Territory v. NeilsonIdaho Supreme Court · 1890
3Cited by14 opinions
- State v. LundhighIdaho Supreme Court · 1917
- Annau v. SchutteIdaho Supreme Court · 1975
- State v. JohnsonIdaho Supreme Court · 1955
- State v. DowningIdaho Supreme Court · 1913
- State v. StevensIdaho Supreme Court · 1929
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