Legal Opinion

State v. Ricks

Idaho Supreme Court

Decided April 1, 1919PublishedCited by 10 opinions

APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. From a judgment of conviction of crime, defendants appeal. Motion in the supreme court for new trial. “The right of appeal in a criminal case is absolute, and in no wise dependent upon the innocence or guilt of the defendant. ’ ’ “Both the constitution and statute guarantee to him the right of appeal from any judgment of conviction rendered and entered against him.”

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APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. From a judgment of conviction of crime, defendants appeal. Motion in the supreme court for new trial. “The right of appeal in a criminal case is absolute, and in no wise dependent upon the innocence or guilt of the defendant. ’ ’ “Both the constitution and statute guarantee to him the right of appeal from any judgment of conviction rendered and entered against him.” (In re Neil, 12 Ida. 749, 87 Pac. 881.) “A new trial will be granted where a -party fails to obtain a. bill of…

1Opinion of the CourtRice, J.

This case presents but one question to this court for determination. Appellants were convicted of crime in the court below, and thereafter took the usual proceedings to have their case heard in this court on appeal, but before a transcript of the court reporter’s record of the trial could be made, the reporter died. It has been shown to this court, by sufficient proof, that no transcript of the deceased reporter’s notes has been or can be made, and it has also been shown that appellants have at all times since the trial made diligent efforts to obtain a transcript, but have failed through no…

2Cases cited38 opinions

  1. Hume v. BowieSupreme Court of the United States · 1893
  2. Malony v. AdsitSupreme Court of the United States · 1899
  3. Richardson v. StateWyoming Supreme Court · 1907
  4. Etchells v. WainwrightSupreme Court of Connecticut · 1904
  5. Borrowscale v. BosworthMassachusetts Supreme Judicial Court · 1867

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3Cited by10 opinions

  1. State v. PolsonIdaho Supreme Court · 1968
  2. Hoffart v. Lindquist & Paget Mortgage Co.Oregon Supreme Court · 1948
  3. State v. RicksIdaho Supreme Court · 1921
  4. Moore v. StateCourt of Criminal Appeals of Oklahoma · 1934
  5. Yerger v. BrossArizona Supreme Court · 1948

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