People v. Biles
Idaho Supreme Court
APPEAL from District Court, Alturas County. The verdict of a jury will always be set aside, if the court should erroneously instruct the jury in a matter of law, which might have influenced their verdict.
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APPEAL from District Court, Alturas County. The verdict of a jury will always be set aside, if the court should erroneously instruct the jury in a matter of law, which might have influenced their verdict. (Bolyss v. Davis, 1 Pick. 206; Sate v. Conbie, 12 Pick. 177; Boyden v. Morris, 5 Mass. 365; Dundey v. Livier, 5 Mass. 438.) The drunkenness of a juror during the trials, and his sleeping in consequence, was good cause for setting aside the verdict, and the court should have made such an order. (People v. Gray, 61 Cal. 164, 44 Am. Rep. 549; Perry v. Bailey, 12 Kan. 539; Kellogg & Beed v.…
1Opinion of the CourtMorgan, C. J.
The defendant was indicted, tried, and convicted for the crime.of assault with intent to murder. Defendant moved for a new trial, which motion was denied by the court, and the defendant appealed, both from the judgment and the order denying a new trial. The opinion states the errors assigned.
The first error assigned is that the court erred in allowing private counsel to assist in prosecuting the defendant. While the statute does not specifically authorize the employment of private counsel to assist in the prosecution of persons charged with crime, section 354 of the Criminal Practice Act…
2Cases cited6 opinions
- People v. LeeCalifornia Supreme Court · 1860
- Douglass v. GeilerSupreme Court of Kansas · 1884
- Cook v. TerritoryWyoming Supreme Court · 1884
- People v. TurcottCalifornia Supreme Court · 1884
- People v. HartCalifornia Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. ClokeyIdaho Supreme Court · 1961
- State v. MottMontana Supreme Court · 1903
- State v. DunnIdaho Supreme Court · 1927
- State v. KnudtsonIdaho Supreme Court · 1905
- State v. SuttlesIdaho Supreme Court · 1907
11 more not listed; retrieve them via the Exa API.