State v. Anthony
Idaho Supreme Court
APPEAL from District Court, Cassia County. It is the universal rule that where the defendant denies the act, the alleged injured party must be corroborated. (Matthews v. State, 19 Neb. 330, 27 N. W. 234; Gazley v. State, If Tex.
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APPEAL from District Court, Cassia County. It is the universal rule that where the defendant denies the act, the alleged injured party must be corroborated. (Matthews v. State, 19 Neb. 330, 27 N. W. 234; Gazley v. State, If Tex. App. 267; People v. Tierney, 67 Cal. 54, 7 Pac. 37; State v. Cook, 65 Iowa, 560, 22 N. W. 675; Carney v. State, 118 Ind. 525, 21 N. E. 48.) Rebutting evidence has been defined by the supreme court of Idaho as that “which is given to explain, repel, counteract or disprove testimony or facts given in evidence by the adverse party. (People v. Page, 1 Idaho, 189.) The…
1Opinion of the CourtSullivan, C. J.
— The defendant was convicted of the crime of rape, alleged to have been committed upon a girl ten years of age, and sentenced to a term of twenty-five years’ imprisonment. This appeal is from the judgment and the order overruling a motion for a new trial. The errors assigned go to the insufficiency of the evidence to sustain the verdict, and in compelling the defendant to testify in regard to an alleged criminal assault on a young girl by name of Marshall, alleged to have occurred in 1895, and in allowing witness Alfred Marshall to testify in regard to said alleged criminal assault.
As to the…
2Cases cited1 opinion
- State v. McGuireSupreme Court of Missouri · 1885
3Cited by17 opinions
- State v. CarterIdaho Supreme Court · 1982
- State v. SmailesIdaho Supreme Court · 1931
- State v. ShockleyUtah Supreme Court · 1905
- State v. CoslerIdaho Supreme Court · 1924
- State v. GruberIdaho Supreme Court · 1911
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