State v. Fondren
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Prosecution on the charge of murder. Conviction of murder in the second degree. Defendant appealed. Instructions should be in harmony with the facts in the ease or the theories of the defense or prosecution and should be germane, and should be free of argument, intimation or insinuation.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Prosecution on the charge of murder. Conviction of murder in the second degree. Defendant appealed. Instructions should be in harmony with the facts in the ease or the theories of the defense or prosecution and should be germane, and should be free of argument, intimation or insinuation. (1 Briekwood, Sackett’s Instructions, 3d ed., 171-176; Whitman v. McComas, 11 Ida. 564, 83 Pac. 604; Gwin v. Gwin, 5 Ida. 271, 48 Pac. 295; Idaho Mer. Co. v. Kalanquin, 8 Ida. 101, 66 Pac. 933.)…
1Opinion of the CourtAilshie, C. J.
The defendant and appellant herein was convicted of murder in the second degree and sentenced to an indeterminate term of imprisonment of not less than ten nor more than twenty-five years. This appeal is taken from the judgment.
The first assignment of error is directed against the action of the court in overruling and denying appellant’s challenge to the juror, John W. Fredericks, upon the grounds of both actual and implied bias. Based upon the record showing the examination of the juror, we think the court properly denied the challenge. There is another reason, however, in this case why the…
2Cases cited5 opinions
- State v. MarrenIdaho Supreme Court · 1910
- State v. McGreeveyIdaho Supreme Court · 1909
- State v. DavisIdaho Supreme Court · 1898
- State v. GordonIdaho Supreme Court · 1897
- State v. McGrawIdaho Supreme Court · 1899
3Cited by11 opinions
- State v. MitchellIdaho Supreme Court · 1983
- State v. FouquetteNevada Supreme Court · 1950
- State v. Van VlackIdaho Supreme Court · 1937
- State v. LinnIdaho Supreme Court · 1969
- State v. BakerIdaho Court of Appeals · 1982
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