Legal Opinion

In re Dawson

Idaho Supreme Court

Decided September 16, 1911PublishedCited by 27 opinions

An original application in this court for a writ of habeas corpus. The matter of the defendant waiving a jury trial under a plea of guilty in felony cases has been presented to the California courts and has been decided by them. The earliest case seems to be that of People v. Noll, 20 Cal. 164. The court ■in this case, wherein the defendant was charged with the crime of murder and had plead guilty thereto, said: -“No issue was shown upon which there could be a trial.

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An original application in this court for a writ of habeas corpus. The matter of the defendant waiving a jury trial under a plea of guilty in felony cases has been presented to the California courts and has been decided by them. The earliest case seems to be that of People v. Noll, 20 Cal. 164. The court ■in this case, wherein the defendant was charged with the crime of murder and had plead guilty thereto, said: -“No issue was shown upon which there could be a trial. There is no provision of the constitution or of any statute which prevents a defendant from pleading guilty instead of having a…

1Opinion of the CourtStewart, C. J.

This is an original application in this court for a writ of hateas corpus.

On the 22d day of March, 1911, the prosecuting attorney of Lincoln county filed an information in the district court charging one William Murray and the petitioner, James Dawson, with the crime of grand larceny. The charging part of the information reads as follows:

“The said William Murray and James Dawson, on or about the 18th day of March, 1911, at Shoshone, in the county of Lincoln, state of Idaho, did wilfully and unlawfully and feloniously steal, take and carry away one watch and chain from the possession and…

2Cases cited16 opinions

  1. Thompson v. UtahSupreme Court of the United States · 1898
  2. Hill v. PeopleMichigan Supreme Court · 1868
  3. People v. LennoxCalifornia Supreme Court · 1885
  4. State v. CarmanSupreme Court of Iowa · 1884
  5. State v. LockwoodWisconsin Supreme Court · 1877

11 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. State v. ArnoldIdaho Supreme Court · 1924
  2. State v. SedamIdaho Supreme Court · 1940
  3. State v. NeilIdaho Supreme Court · 1937
  4. State v. FaganSupreme Court of Iowa · 1971
  5. Application of MartinIdaho Supreme Court · 1955

22 more not listed; retrieve them via the Exa API.

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