Legal Opinion

Territory v. McKern

Idaho Supreme Court

Decided March 16, 1891PublishedCited by 4 opinions

APPEAL from District Court, Bingham County. Opinions as to the main point in issue invade the province of the jury, and are therefore inadmissible. (Conner v. Stanley, 67 Cal. 315, 7 Pac. 723.) No confession made under the influence of hope or fear is admissible. {People v. Jim Ti, 32 Cal. 60; People v. Ecmirez, 56 Cal. 533, 38 Am.

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APPEAL from District Court, Bingham County. Opinions as to the main point in issue invade the province of the jury, and are therefore inadmissible. (Conner v. Stanley, 67 Cal. 315, 7 Pac. 723.) No confession made under the influence of hope or fear is admissible. {People v. Jim Ti, 32 Cal. 60; People v. Ecmirez, 56 Cal. 533, 38 Am. Rep. 73; People v. Brown, 59 Cal. 353; People v. Center, 66 Cal. 551, 5 Pac. '263, 6 Pac. 481.) A confession made to a person apparently acting by authority, mailing the defendant believe that he will get off easier, is inadmissible. {People v. Wolcott, 51 Mick…

1Opinion of the CourtHuston, J.

The defendant was indicted and convicted at "the May term, 1890, of the district court for the county of Bingham of the crime of robbery. “Robbery,” as defined by ■the statutes of Idaho, “is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” The evidence in this case, as shown by the record, is as follows: “One W. D. Hood testified that he was in Poca*17tello on or about the twenty-eighth day of January last. Knows the defendant. Saw him there about that time. Started to go…

2Cases cited1 opinion

  1. Abbott v. . People of the State of New YorkNew York Court of Appeals · 1881

3Cited by4 opinions

  1. Colbey v. StateSupreme Court of Florida · 1903
  2. State v. PaisleyMontana Supreme Court · 1907
  3. State v. SmithIdaho Supreme Court · 2022
  4. People v. SteinNew York Court of General Session of the Peace · 1916

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