Legal Opinion

State v. Gilbert

Idaho Supreme Court

Decided May 16, 1902PublishedCited by 25 opinions

APPEAL from District Court, Idaho County. Not only the appellant, but the whole community of Idaho county were wronged by the sheriff serving the venire in this case on Sunday — the common law forbids it; the statute forbids it. (Rev. Stats., secs. 12, 3866; State v. Ricketts, 74 N. 0. 193; 24 Am. & Eng. Ency. of Law, 574 et seq.; Lempe v. Manning, 38 Wis. 673; Gladwin v. Lewis, 6 Conn. 49, 16 Am.

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APPEAL from District Court, Idaho County. Not only the appellant, but the whole community of Idaho county were wronged by the sheriff serving the venire in this case on Sunday — the common law forbids it; the statute forbids it. (Rev. Stats., secs. 12, 3866; State v. Ricketts, 74 N. 0. 193; 24 Am. & Eng. Ency. of Law, 574 et seq.; Lempe v. Manning, 38 Wis. 673; Gladwin v. Lewis, 6 Conn. 49, 16 Am. Dee. 33; Pearce v. Atwood, 13 Mass. 324.) Appellant Gilbert before the trial began made application for change of venne under Revised Statutes, section 7768 et seq. The alleged dying declarations in…

1Opinion of the CourtQuarles, C. J.

— The defendant was prosecuted upon the information of the prosecuting or county attorney of Idaho county upon the charge of murder, tried by a jury, and found guilty of murder of the second degree, and duly sentenced to confinement at hard labor in the state penitentiary for life. Thereafter appellant moved for a new trial, which was denied, and he is appealing to this court from an order denying a new trial and from the judgment of conviction.

Appellant has assigned thirty-six errors of law occurring upon the trial and upon the hearing of the motion for a new trial, but in appellant’s brief…

2Cases cited1 opinion

  1. Havens v. StilesIdaho Supreme Court · 1902

3Cited by25 opinions

  1. Leavitt v. AraveCourt of Appeals for the Ninth Circuit · 2004
  2. State v. NeedsIdaho Supreme Court · 1979
  3. State v. CottonIdaho Supreme Court · 1979
  4. State v. McLennanIdaho Supreme Court · 1925
  5. State v. CypherIdaho Supreme Court · 1968

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