State v. Lundhigh
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. P. J. Cowen, Judge. Defendant was convicted of murder in the second degree. Appeal from the judgment and order denying motion for new trial. Before a legal conviction can be had, the state must have established the accused person’s guilt of the crime charged by legal evidence and beyond reasonable doubt.
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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. P. J. Cowen, Judge. Defendant was convicted of murder in the second degree. Appeal from the judgment and order denying motion for new trial. Before a legal conviction can be had, the state must have established the accused person’s guilt of the crime charged by legal evidence and beyond reasonable doubt. (State v. Seymour, 7 Ida. 257, 61 Pac. 1033, 7 Ida. 548, 63 Pae. 1036; State v. Marquardsen, 7 Ida. 352, 62 Pac. 1034.) Dying declarations are admissible only when made under the fear of impending death…
1Concurring in part, dissenting in partBudge, C. J.
I concur in the opinion of Justice Rice that the information *374is sufficient to charge the crime of murder. It will be conceded that under the common law the information would be fatally defective. (People v. Aro, 6 Cal. 207, 65 Am. Dec. 503; People v. Lloyd, 9 Cal. 54; People v. Wallace, 9 Cal. 30; People v. Cox, 9 Cal. 32; People v. Steventon, 9 Cal. 273; People v. Coleman, 10 Cal. 334; People v, Dolan, 9 Cal. 576; People v. Judd, 10 Cal. 313; People v. Miller, 12 Cal. 291.)
Beginning, however, with the case of People v. King, 27 Cal. 507, 87 Am. Dec. 95, the supreme court of California…
2Cases cited41 opinions
- People v. WittCalifornia Supreme Court · 1915
- People v. CroninCalifornia Supreme Court · 1867
- People v. KingCalifornia Supreme Court · 1865
- State v. MarrenIdaho Supreme Court · 1910
- State v. O'NeilIdaho Supreme Court · 1913
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