State v. Hall
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Oneida County. Hon. Alfred Budge, Judge. An action upon an information of the prosecuting attorney for the crime of murder. Judgment of conviction. A person on trial for homicide is entitled to demand a positive instruction to the jury on the character or nature of the danger feared, that entitles a person to offer lawful resistance.
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APPEAL from the District Court of the Fifth Judicial District for Oneida County. Hon. Alfred Budge, Judge. An action upon an information of the prosecuting attorney for the crime of murder. Judgment of conviction. A person on trial for homicide is entitled to demand a positive instruction to the jury on the character or nature of the danger feared, that entitles a person to offer lawful resistance. (State v. McGreevey, 17 Ida. 453, 105 Pac. 1047; People v. Angeles, 61 Cal. 188; Drysdale v. State, 83 Ga. 744, 20 Am. St. 340,10 S. E. 358, 6 L. R. A. 424.) A defendant in a homicide trial is…
1Opinion of the CourtStewart, J.
The appellant was charged by the prosecuting attorney of Oneida county upon an information filed by the county attorney on the 10th day of June, 1912. The information charges the appellant with the crime of having wilfully murdered one William Bieknell. The trial was had and the appellant was convicted and sentenced to the penitentiary for not less than ten years nor more than forty-five years.
The appellant assigns as error on this appeal the failure of the court to give instructions Nos. 12, 13, 14, 15, 19 and 20, at the request of the appellant.
Before taking up these instructions we desire…
2Cases cited6 opinions
- State v. PeckIdaho Supreme Court · 1908
- People v. MooneyIdaho Supreme Court · 1882
- People v. Ah TooIdaho Supreme Court · 1884
- Territory v. EvansIdaho Supreme Court · 1888
- People v. WoodsIdaho Supreme Court · 1888
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3Cited by3 opinions
- State v. McMahanIdaho Supreme Court · 1937
- State v. McMahanIdaho Supreme Court · 1937
- State v. McMahanIdaho Supreme Court · 1937