State v. Paulsen
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. The respondent was indicted for making a false report in regard to a bank of which he was a director. A demurrer to the indictment was sustained. This appeal is by the state for the purpose of obtaining a construction of sec. 7128, Dev. Codes. The action of the trial court in sustaining the demurrer held error.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. The respondent was indicted for making a false report in regard to a bank of which he was a director. A demurrer to the indictment was sustained. This appeal is by the state for the purpose of obtaining a construction of sec. 7128, Dev. Codes. The action of the trial court in sustaining the demurrer held error. The intent of the legislature must be taken from the words used, and where, by accepting the words in their usual sense, the statute is plain, unambiguous and enforceable, the…
1Opinion of the Court
SULLIVAN, 3.
This is an appeal on the part of the state from an order sustaining a demurrer and quashing an indictment presented by the grand jury of Shoshone county, to obtain a proper construction of the provisions of see. 7128, Eev. Codes.
August Paulsen and two others were charged by the grand jury with making a false report concerning the property of the State Bank of Commerce situated at Wallace, Shoshone county, in violation of the provisions of said sec. 7128. The demurrer in effect was based on the ground that the indictment failed to charge either' that the false report alleged to…
2Cases cited1 opinion
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
3Cited by6 opinions
- State v. O'NeilIdaho Supreme Court · 1913
- Ingard v. BarkerIdaho Supreme Court · 1915
- Curoe v. Spokane & Inland Empire RailroadIdaho Supreme Court · 1920
- State ex rel. Canyon County v. ForchIdaho Supreme Court · 1915
- State v. CuttsIdaho Supreme Court · 1913
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