People v. Dewey
Idaho Supreme Court
APPEAL from District Court, Owyhee County. The grounds of this appeal are: Error of the court in permitting the witness Williams, over the objections of defendant, to testify to statements of the deceased, highly criminative of defendant, made to the witness from one-half to three-quarters of an hour after the affray was terminated, and in the absence of the defendant and after. defendant had been arrested and taken from the scene of the conflict.
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APPEAL from District Court, Owyhee County. The grounds of this appeal are: Error of the court in permitting the witness Williams, over the objections of defendant, to testify to statements of the deceased, highly criminative of defendant, made to the witness from one-half to three-quarters of an hour after the affray was terminated, and in the absence of the defendant and after. defendant had been arrested and taken from the scene of the conflict. (See defendant’s bill of exceptions, Transcript, page 155.) These statements were admitted in evidence as part of the res gestae. The res gesta was…
1Opinion of the CourtMorgan, C. J.
The defendant was indicted and tried at the September term of the Owyhee county district court, for the murder of Joseph Koenig. He was convicted of manslaughter. Defendant moved for a new trial; which motion was denied by the court, and defendant appealed from the *85judgment, and from the order denying a new trial, and assigned the following as error, viz.: “1. The court erred in permitting the witness Williams, over the objection of defendant, to testify to statements of the deceased, highly criminative of defendant, made to the witness from one-half to three-quarters of an hour after the…
2Cases cited10 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- State v. OstranderSupreme Court of Iowa · 1865
- People v. StrongCalifornia Supreme Court · 1866
- State v. NashSupreme Court of Iowa · 1858
- Miller v. PeopleIllinois Supreme Court · 1866
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3Cited by16 opinions
- State v. SheahanIdaho Supreme Court · 2003
- People v. BrighamCalifornia Supreme Court · 1979
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Pettine v. Territory of New MexicoCourt of Appeals for the Eighth Circuit · 1912
- State v. NeilIdaho Supreme Court · 1907
11 more not listed; retrieve them via the Exa API.