State v. Dawe
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Prosecution for embezzlement. Judgment of conviction. Where each taking is a separate and distinct offense, the court should, on motion of the defendant, compel and require the state to elect upon which of the alleged several takings it will rely for a conviction.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Prosecution for embezzlement. Judgment of conviction. Where each taking is a separate and distinct offense, the court should, on motion of the defendant, compel and require the state to elect upon which of the alleged several takings it will rely for a conviction. (Edelhoff v. State, 5 Wyo. 19, 36 Pae. 627.) Where a person is a public officer and his duties are prescribed by law, he is never estopped, even when questioned for unlawful acts, to plead the law. If the defendant was…
1Opinion of the CourtBudge, C. J.
The appellant was convicted in the district court for Bonneville county of the crime of embezzlement. This appeal is from the judgment.
Appellant specifies fourteen separate assignments of error. The first five, relating to the admission of evidence, will be discussed together.
Objection is made to the admission of State’s Exhibits “C,” “D,” “F,” “G” and “T,” purporting to be ordinances of the city of Idaho Falls, in.that no proof was made by the state that any of these ordinances had ever been published or posted as required by law.
All of the above exhibits were signed and approved by a person…
2Cases cited33 opinions
- State v. ReinhartOregon Supreme Court · 1895
- People v. GallagherCalifornia Supreme Court · 1893
- People v. BaldwinCalifornia Supreme Court · 1897
- Ker v. PeopleIllinois Supreme Court · 1884
- State v. SpauldingSupreme Court of Kansas · 1880
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3Cited by15 opinions
- State v. MalcomIdaho Supreme Court · 1924
- State v. ClarkIdaho Supreme Court · 1929
- State v. DuboisUtah Supreme Court · 1940
- State v. EwertSouth Dakota Supreme Court · 1928
- State v. PetersIdaho Supreme Court · 1927
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