State v. Poynter
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robt. M. Terrell, Judge. Appellant was convicted of the crime of being a persistent violator of the prohibitory law. The court had absolutely no jurisdiction to render the judgment in the former case which it did. {Ex parte Cox, 3 Ida. 530, 95 Am. St. 29, 32 Pac. 197.) Then the judgment in that' case is void.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robt. M. Terrell, Judge. Appellant was convicted of the crime of being a persistent violator of the prohibitory law. The court had absolutely no jurisdiction to render the judgment in the former case which it did. {Ex parte Cox, 3 Ida. 530, 95 Am. St. 29, 32 Pac. 197.) Then the judgment in that' case is void. If the judgment was void, it was not a prior conviction, and would not authorize the conviction of this defendant, as a persistent violator, of a felony. No one can plead guilty for a defendant in a…
1Opinion of the Court
DUNN, J.-
Appellant was charged by the prosecuting attorney of Bannock county of the crime of being a persistent violator of the prohibitory law of this state and on trial was convicted and sentenced to serve a term of not less than one nor more than two years in the state penitentiary. He has appealed from said judgment.
The statute under which appellant was charged and convicted reads as follows:
“See. 2625. Punishment for Second Offense. A person having once been convicted of a violation of any of the provisions of this article except section 2622, who thereafter violates the provisions…
2Cases cited9 opinions
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. MortensenUtah Supreme Court · 1903
- Hack v. StateWisconsin Supreme Court · 1910
- People v. ByrneCalifornia Supreme Court · 1911
- Bartholomew v. United StatesCourt of Appeals for the Sixth Circuit · 1910
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3Cited by15 opinions
- Clark v. StateIdaho Supreme Court · 1969
- State v. BockIdaho Supreme Court · 1958
- State v. HargravesIdaho Supreme Court · 1940
- State v. MundellIdaho Supreme Court · 1945
- McDonald v. McDonaldIdaho Supreme Court · 1934
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