State v. Givens
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Prosecution for making false report of the financial condition of a state bank. Judgment of conviction. Where there is no material conflict and the proof offered is capable of two constructions, one of which is compatible with innocence, the defendant should be released.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Prosecution for making false report of the financial condition of a state bank. Judgment of conviction. Where there is no material conflict and the proof offered is capable of two constructions, one of which is compatible with innocence, the defendant should be released. (State v. Nesbit, 4 Ida. 548, 43 Pac. 66; State v. Howser, 12 N. D. 495, 98 N. W. 352; State v. Seymour, 10 Ida. 699, 79 Pac. 825.) “Where a criminal intent is a necessary ingredient of the offense and it appears from…
1Opinion of the CourtBudge, J.
The defendant, J. A. Givens, was indicted, tried and convicted in the district court of the seventh judicial district of the crime of wilfully, unlawfully, knowingly, feloniously and fraudulently making a false report of the affairs, financial condition and property of the bank of Nampa, as of April 4, 1913, and sentenced to the state penitentiary for not less than six months nor more than three years. Motion for a new trial was denied. This appeal is from the order denying a new trial and from the verdict and judgment.
The appeal is based upon the insufficiency of the evidence, erroneous…
2Cases cited6 opinions
- State v. IrwinIdaho Supreme Court · 1903
- State v. MasonSupreme Court of Kansas · 1899
- State v. JohnsonIdaho Supreme Court · 1914
- State v. JonesIdaho Supreme Court · 1914
- State v. JohnsonNorth Dakota Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. OwenIdaho Supreme Court · 1953
- State v. PhillipsIdaho Court of Appeals · 2007
- State v. SpencerIdaho Supreme Court · 1953
- State v. BabbIdaho Supreme Court · 1994
- Gardner v. FliegelIdaho Supreme Court · 1969
18 more not listed; retrieve them via the Exa API.