State v. Rogers
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Power County. Hon. J. J. Guheen, Judge. Prosecution for murder. From a judgment of conviction, defendant appeals. The court allowed the state, over the objection of the defendant, to cross-examine the defendant upon matters not testified to upon direct examination, which was reversible error.
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APPEAL from the District Court of the Fifth Judicial District, for Power County. Hon. J. J. Guheen, Judge. Prosecution for murder. From a judgment of conviction, defendant appeals. The court allowed the state, over the objection of the defendant, to cross-examine the defendant upon matters not testified to upon direct examination, which was reversible error. (State v. Anthony, 6 Ida. 383, 55 Pac. 884; People v. O’Brien, 66 Cal. 602, 6 Pac. 695; State v. Saunders, 14 Or. 300, 12 Pac. 441; People v. Arrighini, 122 Cal. 121, 54 Pac. 591; Lewis v. Territory, 7 Ariz. 52, 60 Pac. 694; Cooley’s…
1Opinion of the CourtBudge, C. J.
Appellant was informed against on Nov. 29, 1915, for the crime of murder alleged to have been committed on or about June 24, 1915, in the village of American Falls, Power county. He was tried and convicted of murder in the second degree and sentenced to the penitentiary for not less than twenty nor more than forty years. A motion for a new trial was overruled and this appeal is from the judgment and from the order overruling the motion for a new trial. The charging part of- the information reads as follows:
“That the said E. D. Rogers on or about the 24th day of June, 1915, in the village of…
2Cases cited45 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- People v. MaughsCalifornia Supreme Court · 1906
- The People v. . McCannNew York Court of Appeals · 1857
- People v. BushtonCalifornia Supreme Court · 1889
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
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3Cited by33 opinions
- State v. FarnsworthIdaho Supreme Court · 1932
- State v. BesterSupreme Court of Iowa · 1969
- State v. Van VlackIdaho Supreme Court · 1937
- State v. OrrIdaho Supreme Court · 1933
- State v. LundhighIdaho Supreme Court · 1917
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