State v. Henzell
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Prosecution for the unlawful sale of grain stored in a warehouse. From a judgment of conviction and an order denying a new trial defendant appealed.
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APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Prosecution for the unlawful sale of grain stored in a warehouse. From a judgment of conviction and an order denying a new trial defendant appealed. The defendant should have been permitted to show that the complaining witness had invited, authorized and directed him to do the very acts in regard to such grain that he did, even though such assent and direction was by parol. (Mills v. Glennon, 2 Ida. 105, 6 Pac. 116; Jones on Chattel Mortgages, secs. 455-465, 661; Stafford…
1Opinion of the CourtAilsitie, J.
— The defendant was convicted in the district court for a violation of sec. 1490 of the Rev. Codes. It was charged by the information that while the defendant was the manager of a warehouse he received certain grain for storage and receipted therefor, and that he thereafter sold and disposed of the same without the consent or authority of the holder of the warehouse receipt. He was tried and convicted and sentenced to serve a term in the state penitentiary.
The facts on which this prosecution rests are substantially as follows: In the month of May, 1909, one R. C. By waters delivered a…
2Cases cited7 opinions
- State v. KellerIdaho Supreme Court · 1902
- State v. BrowneIdaho Supreme Court · 1896
- Miller v. StateIndiana Supreme Court · 1896
- State v. RiegerSupreme Court of Minnesota · 1894
- Sykes v. PeopleIllinois Supreme Court · 1889
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3Cited by14 opinions
- State v. TaylorIdaho Supreme Court · 1939
- State v. LindbergWashington Supreme Court · 1923
- State v. ScottIdaho Supreme Court · 1951
- Frontier Milling & Elevator Co. v. Roy White Co-operative Mercantile Co.Idaho Supreme Court · 1914
- State v. BaldwinIdaho Supreme Court · 1949
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