Legal Opinion

State v. Pettit

Idaho Supreme Court

Decided December 11, 1920PublishedCited by 18 opinions

APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. William A. Babcock, Judge. Prosecution for the crime of rape. Judgment of conviction. Anything which renders the statutory right of peremptory challenge materially less valuable is an injury to a party within the meaning of the statute. (Searle v. Roman Catholic Bishop, 203 Mass. 493, 17 Ann.

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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. William A. Babcock, Judge. Prosecution for the crime of rape. Judgment of conviction. Anything which renders the statutory right of peremptory challenge materially less valuable is an injury to a party within the meaning of the statute. (Searle v. Roman Catholic Bishop, 203 Mass. 493, 17 Ann. Cas. 340, 89 N. E. 809, 25 L. R. A., N. S., 992, citing the following cases: Hildreth v. Troy, 101 N. T. 234, 54 Am. Rep. 686, 4 N. E. 559; Welch v. Tribtme Pub. Co., 83 Mich. 661, 21 Am. St. 629, 47 N. W. 562, 11…

1Opinion of the CourtBudge, J.

Appellant was convicted of the crime commonly designated as statutory rape. This appeal is from the judgment.

The first contention of the appellant is that while he was entitled to ten peremptory challenges, in effect he was allowed only nine. After the jury had been passed for cause and the state had exercised three peremptory challenges and waived one and appellant had exercised four peremptory challenges, the court excused one of the jurors on account of sickness. Appellant objected to such juror being excused unless the court should grant him an additional peremptory challenge, urging that…

2Cases cited17 opinions

  1. Giffen v. City of LewistonIdaho Supreme Court · 1898
  2. People v. ScottCalifornia Court of Appeal · 1914
  3. State v. HazledahlNorth Dakota Supreme Court · 1892
  4. State v. AndersonIdaho Supreme Court · 1899
  5. Dunn v. StateNebraska Supreme Court · 1899

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. TaylorIdaho Supreme Court · 1939
  2. State v. HoaglandIdaho Supreme Court · 1924
  3. State v. BitzIdaho Supreme Court · 1969
  4. State v. SmailesIdaho Supreme Court · 1931
  5. State v. SmithUtah Supreme Court · 1936

13 more not listed; retrieve them via the Exa API.

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