State v. Jutila
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Defendants were charged with robbery and convicted of assault. Appeal from judgment of conviction and from order denying motion for new trial. Where the information charges a defendant with the commission of a felony, the verdict of the jury must be unanimous. (Debates and Proceedings, Idaho Const. Con., vol. 1, pp. 235-260; Idaho Const., art. 1, sec. 7; Idaho Comp.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Defendants were charged with robbery and convicted of assault. Appeal from judgment of conviction and from order denying motion for new trial. Where the information charges a defendant with the commission of a felony, the verdict of the jury must be unanimous. (Debates and Proceedings, Idaho Const. Con., vol. 1, pp. 235-260; Idaho Const., art. 1, sec. 7; Idaho Comp. Stats., sec. 8904; State v. Schemimisky, 31 Ida. 504, 174 Pac. 611; State v. Biagas, 105 La. 503, 29 So. 971; King v.…
1Opinion of the CourtMccarthy, J.
By an information filed in the district court for Shoshone county appellants were jointly charged with the crime of robbery. Upon the trial the court instructed the jury that five-sixths of the jurors could find them guilty of simple assault, which was an included offense. Ten of the jury of twelve rendered a verdict finding both of appellants guilty of simple assault, upon which verdict judgment was pronounced fining them $25 each. They moved for a new trial on the ground, among others, that five-sixths of the jury could not return a verdict. This appeal is taken from the judgment and order…
2Cases cited1 opinion
- State v. BiagasSupreme Court of Louisiana · 1901
3Cited by19 opinions
- John Hancock Mut. Life Ins. Co. v. HaworthIdaho Supreme Court · 1948
- Swensen v. Buildings, Inc.Idaho Supreme Court · 1970
- State v. BennionIdaho Supreme Court · 1986
- State v. RileyIdaho Supreme Court · 1961
- State v. BedwellIdaho Supreme Court · 1955
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