State v. Poulos
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. O. R. Baum, Judge. Conviction for crime of adultery. Testimony that it was generally reputed that the defendant was a married man is not sufficient to sustain a verdict of guilty in an adultery prosecution. (Graft v. State, 13 Ga. App. 79, 78 S. E. 776; State v. Coffee, 39 Mo.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. O. R. Baum, Judge. Conviction for crime of adultery. Testimony that it was generally reputed that the defendant was a married man is not sufficient to sustain a verdict of guilty in an adultery prosecution. (Graft v. State, 13 Ga. App. 79, 78 S. E. 776; State v. Coffee, 39 Mo. App. 56; Miner v. People, 58 111. 59; Wood v. State, 62 Ga. 406.) An extrajudicial confession by the defendant of his marriage is not alone sufficient proof thereof to sustain a conviction. (State v. Downing, 23 Ida. 540, 130 Pac.…
1Opinion of the CourtBudge', J.
-Appellant was convicted of adultery committed with one Leona Baker and sentenced to serve a term in the state penitentiary of not less than one nor more than three years. From the judgment of conviction this appeal is taken.
The first specification of error assigned is that the evidence is insufficient to sustain the verdict. O. S., see. 9068, provides: “ .... Upon an appeal from a final judgment of conviction if a reporter’s transcript of the evidence appears in the record, the ground that the verdict is contrary to the evidence may be considered and determined to the same extent as on an…
2Cases cited7 opinions
- Drawdy v. HestersSupreme Court of Georgia · 1908
- State v. MaguireIdaho Supreme Court · 1917
- Clark v. CassidySupreme Court of Georgia · 1879
- State v. SnookIdaho Supreme Court · 1921
- Miller v. StateCourt of Appeals of Georgia · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. JohnsonIdaho Supreme Court · 1924
- State v. SaykoIdaho Supreme Court · 1923
- State v. SheltonIdaho Supreme Court · 1928
- State v. Shaw.Idaho Supreme Court · 1949