State v. Sullivan
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Liucolu County. Hon. H. F. Ensign, Judge. Appellants were convicted of the crime of burglary in the first degree, and they appeal.
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APPEAL from the District Court of the Fourth Judicial District, for Liucolu County. Hon. H. F. Ensign, Judge. Appellants were convicted of the crime of burglary in the first degree, and they appeal. While the information charges the defendants with burglarizing the store of Gorman Brothers, the evidence fails to show that the store was burglarized by the defendants at any time or that the crime of burglary was committed at all in connection with the said store, and the evidence fails to show that the store was entered by anyone at any time for the purpose of larceny or that any of the goods…
1Opinion of the CourtLee, J.
The appellants were jointly informed against by the prosecuting attorney of Lincoln county, Idaho, on March 26, 1919, charged with having burglariously entered the store building of Gorman Brothers, situated in the town of Jerome, in said county, which crime was alleged to have been committed on September 3, 1918. Appellants entered a plea of “not guilty.” The court denied the motion of appellants Grautman and Walsh for a separate trial, and appellants were jointly tried upon said information and by the jury found guilty of burglary in the first degree, as charged in the information, and…
2Cases cited17 opinions
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- State v. DrewSupreme Court of Missouri · 1904
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3Cited by65 opinions
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- State v. OwensIdaho Supreme Court · 1980
- State v. McLennanIdaho Supreme Court · 1925
- State v. McClurgIdaho Supreme Court · 1931
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