State v. Chacon
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. R. M. Terrell, Judge. Appellants were convicted of murder of the first degree and murder of the second degree, respectively. The court’s action in passing judgment on defendants while motion for a new trial was pending constitutes reversible error.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. R. M. Terrell, Judge. Appellants were convicted of murder of the first degree and murder of the second degree, respectively. The court’s action in passing judgment on defendants while motion for a new trial was pending constitutes reversible error. (People v. Felix, 45 Cal. 163.) Prejudice from separation of jury is presumed, unless state proves beyond a reasonable doubt that no prejudice occurred. (People v. Backus, 5 Cal. 275; Hempton v. State, 111 Wis. 127, 86 N. W. 596; Organ v. State, 26 Miss. 78;…
1Opinion of the CourtRice, C. J.
Appellants, husband and wife, were informed against jointly for murder of Pedro Yaldez. The husband was convicted of murder in the first degree, and the wife of murder in the second degree. The appeal is from the judgment of conviction and from an order overruling motion for a new trial.
It is urged that error was committed in passing judgment and sentence on appellants while their motion for a new trial was pending and not disposed of.
C. S., sec. 9023, provides: “After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a former conviction or acquittal, if the…
2Cases cited15 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- State v. SullivanIdaho Supreme Court · 1921
- State v. EllingtonIdaho Supreme Court · 1895
- State v. . LanceSupreme Court of North Carolina · 1908
- State v. BakerIdaho Supreme Court · 1916
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. BinghamIdaho Supreme Court · 1989
- Geist v. MooreIdaho Supreme Court · 1937
- State v. HigginsIdaho Supreme Court · 1992
- State v. FoxIdaho Supreme Court · 1932
- State v. NeilIdaho Supreme Court · 1937
16 more not listed; retrieve them via the Exa API.