Legal Opinion

State v. Schieler

Idaho Supreme Court

Decided April 20, 1894PublishedCited by 17 opinions

APPEAL from District Court, Idaho County. The appellant was entitled to have the charge against him investigated by a legally constituted grand jury. By excluding the juror C. E. Smith simply on the ground that he was a deputy sheriff denied the appellant this legal right. Only the statutory grounds could be urged for his exclusion. The cause assigned is not one of them.

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APPEAL from District Court, Idaho County. The appellant was entitled to have the charge against him investigated by a legally constituted grand jury. By excluding the juror C. E. Smith simply on the ground that he was a deputy sheriff denied the appellant this legal right. Only the statutory grounds could be urged for his exclusion. The cause assigned is not one of them. (Rev. Stats., sec. 7609; People v. Golmere, 23 Cal. 631; People v. Turner, 39 Cal. 370; People v. Geiger, 49 Cal. 643; Levy v. Wilson, 69 Cal. 105, 10 Pac. 272.) In all cases which must be afterward investigated by the grand…

1Opinion of the CourtHuston, C. J.

The defendant was indicted for the crime -of murder, in the killing of one John S. Wilson, and, upon trial at the June term of the district court for Idaho county, was convicted of the crime of manslaughter, from which conviction, and judgment thereon, this appeal is taken. The record presents fifty-four assignments of error.

The first assignment of error is the excusing of one E. C. Smith from the grand jury. It seems from the record that said Smith was not only a deputy sheriff of the county, and had been engaged in serving process in the case on trial, but he was a witness in the case. The…

2Cited by17 opinions

  1. State v. TaylorIdaho Supreme Court · 1939
  2. Clark v. AllowayIdaho Supreme Court · 1946
  3. State v. HixIdaho Supreme Court · 1938
  4. State v. BakerIdaho Supreme Court · 1916
  5. State v. PhinneyIdaho Supreme Court · 1907

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