Legal Opinion

State v. Johnson

Idaho Supreme Court

Decided December 22, 1914PublishedCited by 10 opinions

APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. The defendant was charged with the crime of assault with intent to commit rape and convicted and sentenced to imprisonment for a term of not less than seven and not more than fourteen years. It was reversible error for the trial court to make the order for the exclusion of spectators during the trial.

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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. The defendant was charged with the crime of assault with intent to commit rape and convicted and sentenced to imprisonment for a term of not less than seven and not more than fourteen years. It was reversible error for the trial court to make the order for the exclusion of spectators during the trial. (People v. Yeager, 113 Mich. 228, 71 N. W. 491; People v. Murray, 89 Mich. 276, 28 Am. St. 294, 50 N. W. 995, .14 L. R. A. 809; People v. Hartman, 103 Cal. 242, 42 Am. St. 108, 37 Pac.…

1Opinion of the CourtSullivan, C. J.

The defendant was convicted of the crime of intent to commit rape upon his eleven year old *611daughter, and sentenced to serve a term at hard labor in the state penitentiary for a period of not less than seven years and not more than fourteen years. The appeal is from the judgment and order denying a new trial.

The action of the court in excluding the spectators from the courtroom during the trial and thus not giving the defendant a public trial is assigned as error, also the action of the court in refusing to admit certain evidence offered by the defendant; in giving and refusing to give certain…

2Cases cited2 opinions

  1. Reagan v. United StatesCourt of Appeals for the Ninth Circuit · 1913
  2. People v. YeagerMichigan Supreme Court · 1897

3Cited by10 opinions

  1. People v. JelkeNew York Court of Appeals · 1954
  2. United States v. KobliCourt of Appeals for the Third Circuit · 1949
  3. State v. KeelerMontana Supreme Court · 1916
  4. State v. HolmWyoming Supreme Court · 1950
  5. State v. GivensIdaho Supreme Court · 1915

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