State v. Allen
Idaho Supreme Court
APPEAL from tbe District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Prosecution for battery. Judgment of conviction. Defendant appeals.
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APPEAL from tbe District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Prosecution for battery. Judgment of conviction. Defendant appeals. The requirement of sec. 7656, Rev. Codes, is mandatory, and to depart from the rules therein established is to invade the legal rights of the defendant. {State v. Wihnbusse, 8 Ida. 608, 70 Pae. 849; State v. Crea, 10 Ida. 88, 76 Pac. 1013; State v. Barber, 13 Ida. 65, 88 Pae. 418.) ‘■‘To say that a statute is directory approaches so near legislative -discretion that this rule of construction ought to be • applied…
1Opinion of the CourtStewart, C. J.
On January 25, 1911, the prosecuting attorney of Washington county filed an information in the district court of said county, charging the appellant with the crime of assault by means of force likely to produce great bodily injury. The defendant upon arraignment pleaded not guilty to the information and the cause came on for trial. A jury was impaneled to try the cause and the clerk read the information to the jury and stated the plea of the defendant, and the prosecuting attorney made a statement of the ease to the jury. Thereupon the prosecuting attorney called *266one Melissa Buriff as a…
2Cases cited5 opinions
- State v. MarrenIdaho Supreme Court · 1910
- State v. CreaIdaho Supreme Court · 1904
- State v. BarberIdaho Supreme Court · 1907
- State v. McGannIdaho Supreme Court · 1901
- State v. WilmbusseIdaho Supreme Court · 1902
3Cited by10 opinions
- State v. HoaglandIdaho Supreme Court · 1924
- State v. Van VlackIdaho Supreme Court · 1937
- State v. SilvaIdaho Supreme Court · 1912
- State v. BreyerIdaho Supreme Court · 1925
- State v. SmithIdaho Supreme Court · 1914
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