State v. Dong Sing
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. F. J. Cowen, Judge Presiding. Appellants were convicted of the crime of murder in the first degree. Admission of gruesome exhibits, when not necessary to establish a material fact, is erroneous as tending to inflame the jury. (Flege v.. State, 93 Neb. 610, 142 N. W. 276, -47 L. R. A., N. S., 1106; McKay v. State, 90 Neb. 63, Ann.
Read the full summary
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. F. J. Cowen, Judge Presiding. Appellants were convicted of the crime of murder in the first degree. Admission of gruesome exhibits, when not necessary to establish a material fact, is erroneous as tending to inflame the jury. (Flege v.. State, 93 Neb. 610, 142 N. W. 276, -47 L. R. A., N. S., 1106; McKay v. State, 90 Neb. 63, Ann. Cas. 1913B, 1034, 132 N. W. 741, 39 L. R. A., N. S., 714; Id., 91 Neb. 281, Ann. Cas. 1913B, 1034, 135 N. W. 1024, 39 L. R. A., N. S., 720; State v. McKnight, 21 N. M. 14, 153 Pac.…
1Dissent
RICE, C. J.,
Dissenting. — I am unable to concur. The majority opinion quotes instruction No. 23, and it will be unnecessary to repeat it here. In my opinion, the giving of this instruction was prejudicial error. Under C. S., sec. 8997, the jury has the absolute right to find a defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the offense. Therefore, where the charge upon which a defendant is being tried is first degree murder, the jury may bring in a verdict of guilty of murder in the…
Also in this document: Concurring in part, dissenting in part.
2Cases cited12 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Nye v. PeopleMichigan Supreme Court · 1876
- Ross v. StateWyoming Supreme Court · 1899
- Fahnestock v. StateIndiana Supreme Court · 1864
- State v. . BanksSupreme Court of North Carolina · 1907
7 more not listed; retrieve them via the Exa API.