State v. Grimmett
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Carl A. Davis, Presiding Judge. From a conviction of the crime of grand larceny, defendant appeals. There is a distinction between acts which may by statute be made prima facie evidence of certain facts and acts which cannot be given such effect without denying a defendant the due process of law.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Carl A. Davis, Presiding Judge. From a conviction of the crime of grand larceny, defendant appeals. There is a distinction between acts which may by statute be made prima facie evidence of certain facts and acts which cannot be given such effect without denying a defendant the due process of law. (Voght v. State, 124 Ind. 358, 24 N. E. 680; State v. Divine, 98 N. 0. 778, 48 S. E. 477; People v. Cannon, 139 N. T. 32, 36 Am. St. 668, 34 N. E. 759.) “As to the presumptions, of course the legislature…
1Concurring in part, dissenting in partBudge, J.
As to all points covered in the majority opinion and not hereinafter dissented from, I concur.
From the record it appears that on the 9th of October, 1916, appellant and one Elam went to a field located on or near a stream known as Jenkins Creek and drove therefrom a cow alleged to belong to 'Williams. and Groom, partners. They took the cow to appellant’s ranch and kept her there until the 11th of October, 1916, at which time she was *213killed by Grimmett in the presence of Elam and one Faust. Elam testified that the brand on the cow, a figure “4,” was disfigured by appellant with a hot iron.…
2Cases cited22 opinions
- State v. BeachIndiana Supreme Court · 1897
- Robertson v. PeopleSupreme Court of Colorado · 1894
- Caffee v. StateCourt of Criminal Appeals of Oklahoma · 1915
- Griffin v. StateSupreme Court of Georgia · 1914
- People v. JohnsonIllinois Supreme Court · 1919
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