State v. Marcoe
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robert M. Terrell, Judge. From a conviction of unlawful transportation of intoxicating liquor, defendant appeals. Where the evidence is not sufficient to justify a verdict of guilty, the supreme court will reverse the judgment of the lower court and set aside the verdict. (State v. Sayer, 23 Ida. 536, 130 Pac, 458.),
1Opinion of the CourtRice, J.
The appellant was convicted of the crime of transporting intoxicating liquors in Bannock county, Idaho. The only question raised by this appeal is the sufficiency of the evidence to sustain the judgment.
Dorsey Nichols, a deputy sheriff residing at Soda Springs, testified that on the evening of .the 8th of January, 1918, he went to the depot at Soda Springs and found a box in the baggage-room which contained whisky. He says: “I thought it was Marcoe’s.” He immediately got in touch with Marcoe, and the following is his story of the conversation: “I asked him if the box in the depot was his. He…
2Cases cited7 opinions
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Vernon v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- People v. WardCalifornia Supreme Court · 1894
- Robinson v. StateIndiana Supreme Court · 1919
- Wales v. StateCourt of Criminal Appeals of Texas · 1919
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3Cited by28 opinions
- State v. ParadisIdaho Supreme Court · 1983
- State v. HolderIdaho Supreme Court · 1979
- State v. McLennanIdaho Supreme Court · 1925
- State v. HolmanIdaho Court of Appeals · 1985
- State v. McClurgIdaho Supreme Court · 1931
23 more not listed; retrieve them via the Exa API.