State v. Seymour
Idaho Supreme Court
APPEAL from District Court in and for Bingham County. Honorable James M. Stevens, Judge. The defendant was convicted of the crime of grand larceny, and from the judgment and order denying his motion for a new trial appealed. The facts are fully stated in the opinion. We look in vain for any evidence which would show the act or knowledge of a criminal in the taking and keeping of the horse in question by the defendant.
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APPEAL from District Court in and for Bingham County. Honorable James M. Stevens, Judge. The defendant was convicted of the crime of grand larceny, and from the judgment and order denying his motion for a new trial appealed. The facts are fully stated in the opinion. We look in vain for any evidence which would show the act or knowledge of a criminal in the taking and keeping of the horse in question by the defendant. In the absence of any such evidence, we are bound to accept his explanation of his possession, corroborated as it is by the evidence of Kimball and Birch. This case is parallel…
1Opinion of the Court
AILSHIE, J. —
The defendant in this case was informed against by the prosecuting attorney in and for Fremont county, and charged with the offense of grand larceny, committed by the defendant stealing one horse. A change of venue was granted to the defendant and the trial was had in Bingham county at the February, 1904, term of the district court therein, and the defendant was convicted and sentenced to serve a term of five years in the state penitentiary. He moved for a new trial and the motion was denied, and he thereupon appealed from the judgment and the order denying his motion for a new…
2Cases cited8 opinions
- State v. SeymourIdaho Supreme Court · 1900
- Bush v. Artesian Hot & Cold Water Co.Idaho Supreme Court · 1895
- Bane v. GwinnIdaho Supreme Court · 1900
- State v. NesbitIdaho Supreme Court · 1895
- State v. CrumpIdaho Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. DavisIdaho Supreme Court · 1937
- State v. BogrisIdaho Supreme Court · 1914
- State v. WilsonIdaho Supreme Court · 1941
- State v. AllenIdaho Supreme Court · 1933
- State v. BrassfieldIdaho Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.