Legal Opinion

State v. Neidermark

Idaho Supreme Court

Decided August 1, 1922PublishedCited by 2 opinions

APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Prosecution for the crime of possessing intoxicating liquor to be used for beverage purposes. Judgment of conviction. Defendant appeals. Where the evidence leaves the defendant’s guilt in doubt, a new trial should be granted, as contrary to the evidence.

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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Prosecution for the crime of possessing intoxicating liquor to be used for beverage purposes. Judgment of conviction. Defendant appeals. Where the evidence leaves the defendant’s guilt in doubt, a new trial should be granted, as contrary to the evidence. (Reynolds v. State, 24 Ga. 427; Rafferty v. People, 72 111. 37; Stout v. State, 78 Ind. 492; State v. Hilton, 22 Iowa, 241; Crandall v. State, 28 Ohio St. 479; State v. Kane, 1 McCord L. (S. C.) 482; Owens v. State, 35 Tex. 361; Brite…

1Opinion of the CourtDunn, J.

Appellant was convicted -of the crime of unlawfully possessing intoxicating liquor for sale for beverage purposes. He moved for a new trial, which the court denied, and he has appealed from the judgment and also from the order denying a new trial.

All of the errors assigned by appellant are grouped and discussed under the general proposition that the evidence is insufficient to support the verdict, but a careful reading of' the record shows this contention to be without merit. While there is a conflict, there is sufficient competent evidence to sustain the verdict. This brings the ease within…

2Cases cited5 opinions

  1. State v. DowningIdaho Supreme Court · 1913
  2. State v. SilvaIdaho Supreme Court · 1912
  3. State v. Mox MoxIdaho Supreme Court · 1915
  4. State v. WhiteIdaho Supreme Court · 1921
  5. State v. ColvardIdaho Supreme Court · 1921

3Cited by2 opinions

  1. State v. BullIdaho Supreme Court · 1929
  2. State v. PriceIdaho Supreme Court · 1923

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