State v. Mushrow
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonier County. Hon. John M. Flynn, Judge. Conviction for selling intoxicating liquor in violation of law. The state should not have been allowed to put on witnesses to testify regarding the chute and trap-door and offer the same as rebuttal testimony, when it would be impossible for the appellant Mushrow to meet the issue at that time.
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APPEAL from the District Court of the Eighth Judicial District, for Bonier County. Hon. John M. Flynn, Judge. Conviction for selling intoxicating liquor in violation of law. The state should not have been allowed to put on witnesses to testify regarding the chute and trap-door and offer the same as rebuttal testimony, when it would be impossible for the appellant Mushrow to meet the issue at that time. (State v. Wain, 14 Ida. 1, 4, 80 Pac. 221.) With this newly discovered evidence it is reasonably probable that a different verdict would result, and the affidavits are unquestionably sufficient…
1Opinion of the CourtBudge, J.
From a judgment of conviction for selling intoxicating liquor in violation of law, and from an order overruling a motion for a new trial, this appeal is prosecuted.
Six errors are assigned, the first three of which attack the ruling of the court in admitting certain evidence.
Appellant testified that the room in the hotel operated by him in which, it had been testified, the intoxicating liquor was sold to certain of the state’s witnesses was a bedroom. In rebuttal the court permitted certain witnesses for the state to testify that under a rug in this room was a trap-door opening to a chute…
2Cases cited15 opinions
- People v. McLeanCalifornia Supreme Court · 1890
- People v. Woon Tuck WoCalifornia Supreme Court · 1898
- State v. MaguireIdaho Supreme Court · 1917
- State v. EllingtonIdaho Supreme Court · 1895
- People v. GibsonCalifornia Supreme Court · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. OlsenIdaho Supreme Court · 1982
- State v. AyresIdaho Supreme Court · 1949
- State v. OrrIdaho Supreme Court · 1933
- State v. GishIdaho Supreme Court · 1964
- State v. SmailesIdaho Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.