State v. Clark
Idaho Supreme Court
APPEAL from the District Court of tbe Fifth Judicial District, in and for Power County. Hon. Alfred Budge, Judge. The defendant was charged with and convicted of the crime of incest and sentenced to a term of from five to ten years in the penitentiary. The record discloses that the jurors Meadows and Beckstead had heard the facts in this case and had formed an opinion which would require evidence to remove at the time of the examination.
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APPEAL from the District Court of tbe Fifth Judicial District, in and for Power County. Hon. Alfred Budge, Judge. The defendant was charged with and convicted of the crime of incest and sentenced to a term of from five to ten years in the penitentiary. The record discloses that the jurors Meadows and Beckstead had heard the facts in this case and had formed an opinion which would require evidence to remove at the time of the examination. (Burke v. McDonald, 3 Ida. 296, 29 Pae. 98; State v. Caldwell, 21 Ida. 663, 123 Pae. 299; 24 Cye. 302.) The admission of a statement of prosecuting witness…
1Opinion of the CourtSullivan, C. J.
— The defendant was convicted of the crime of incest, alleged to have been committed upon his daughter, a married woman about twenty-two years of age, on the 14th of January, 1914, in Power county, and was given an indeterminate sentence in the state penitentiary for a term of not less than five years and not to exceed ten years.
A motion for a new trial was denied and the appeal is from the judgment and the order denying the new trial.
The errors specified to have been committed by the court were in regard to challenges of certain jurors; refusing to strike out certain testimony; directing the…
Also in this document: Concurrence.
2Cases cited11 opinions
- State v. JacksonWashington Supreme Court · 1915
- State v. TevisSupreme Court of Missouri · 1911
- Bergen v. JohnsonIdaho Supreme Court · 1912
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Clifton v. StateCourt of Criminal Appeals of Texas · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. WhittemoreSupreme Court of North Carolina · 1961
- Lusby v. StateCourt of Appeals of Maryland · 1958
- State v. SpencerIdaho Supreme Court · 1953
- State v. Van VlackIdaho Supreme Court · 1937
- State v. MadridIdaho Supreme Court · 1953
15 more not listed; retrieve them via the Exa API.