State v. Lundhigh
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. P. J. Cowen, Judge. Defendant was convicted of murder in the second degree. Appeal from the judgment and order denying motion for new trial. Before a legal conviction can be had, the state must have established the accused person’s guilt of the crime charged by legal evidence and beyond reasonable doubt.
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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. P. J. Cowen, Judge. Defendant was convicted of murder in the second degree. Appeal from the judgment and order denying motion for new trial. Before a legal conviction can be had, the state must have established the accused person’s guilt of the crime charged by legal evidence and beyond reasonable doubt. (State v. Seymour, 7 Ida. 257, 61 Pac. 1033, 7 Ida. 548, 63 Pae. 1036; State v. Marquardsen, 7 Ida. 352, 62 Pac. 1034.) Dying declarations are admissible only when made under the fear of impending death…
1Concurrence
MORGAN, J.,
Concurring in Part. — I concur in all of the foregoing opinion except that portion holding the information to be sufficient, — from that portion I dissent.
While this court has repeatedly stated, in effect, that an indictment or information is sufficient which charges an offense in the language of the statute defining it, I believe that in doing so it has inadvertently fallen a little short of correctly stating a sound principle of law rather than that it has deliberately attempted to announce a new rule of pleading in criminal cases. It is said in 22 Cyc. 339: “Although the rule is…
2Cases cited26 opinions
- People v. KingCalifornia Supreme Court · 1865
- State v. MarrenIdaho Supreme Court · 1910
- People v. Hong Ah DuckCalifornia Supreme Court · 1882
- State v. BrillIdaho Supreme Court · 1912
- People v. AlvisoCalifornia Supreme Court · 1880
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