State v. West
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, in and for the County of Elmore. Honorable Lyttleton Price, Judge. Defendant was' convicted of the crime of grand larceny and sentenced to imprisonment in the state penitentiary for a term of four years. ' From the judgment and an order denying his motion for a new trial, defendant appeals.
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APPEAL from tbe District Court of the Fourth Judicial District, in and for the County of Elmore. Honorable Lyttleton Price, Judge. Defendant was' convicted of the crime of grand larceny and sentenced to imprisonment in the state penitentiary for a term of four years. ' From the judgment and an order denying his motion for a new trial, defendant appeals. The jury separated after the case was finally submitted to them for consideration, and after they had retired to deliberate upon their verdict. A review of the facts disclosed by the affidavits made by several persons and presented on…
1Opinion of the CourtAilshie, J.
— It is contended by appellant in this case that there was such a separation of the jury after the case had been finally submitted to them for their consideration as to entitle him to a new trial. The facts constituting the separation are substantially as follows: The case was finally submitted to the jury about 11:30 o’clock A. M., February 24th, and they thereupon retired to deliberate as to their verdict. Between 12 and 1 o ’clock they were taken by the bailiff to their dinner, and about 1 o’clock they all came out of the dining-room and stood on the sidewalk in front of the hotel. While…
2Cases cited4 opinions
- Hempton v. StateWisconsin Supreme Court · 1901
- People v. BackusCalifornia Supreme Court · 1855
- State v. SlyIdaho Supreme Court · 1905
- Organ v. StateMississippi Supreme Court · 1872
3Cited by4 opinions
- Nicholson v. StateWyoming Supreme Court · 1910
- State v. WestIdaho Supreme Court · 1908
- Lowery v. StateCourt of Appeals of Alaska · 1988
- Lowery v. StateCourt of Appeals of Alaska · 1988