State v. Gallagher
Idaho Supreme Court
APPEAL from tbe District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens, Judge. Defendant was convicted of larceny and sentenced to a term in the state penitentiary. He appealed from the judgment. “The competency of a collateral fact to be used as the basis of a legitimate argument is not to be determined by the con-olusiveness of the inferences it may afford in reference to the litigated fact.
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APPEAL from tbe District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens, Judge. Defendant was convicted of larceny and sentenced to a term in the state penitentiary. He appealed from the judgment. “The competency of a collateral fact to be used as the basis of a legitimate argument is not to be determined by the con-olusiveness of the inferences it may afford in reference to the litigated fact. It is enough if these may tend, even in a slight degree, to elucidate the inquiry or to assist, though remotely, to a determination probably founded on truth.”…
1Opinion of the CourtAilshie, C. J.
This is an appeal from a judgment of conviction and an order denying a motion for a new trial. The attorney general moved to dismiss the appeal from the order denying the motion for new trial, and his motion was confessed by appellant, and the appeal- was accordingly dismissed. This leaves the appeal here from the judgment only. The appeal from the order denying a new trial having been dismissed, the court is not authorized to examine into the sufficiency of the evidence to support the verdict and judgment, nor has it authority to examine the affidavits presented and used on the hearing on…
2Cases cited4 opinions
- State v. SuttlesIdaho Supreme Court · 1907
- State v. O'BrienIdaho Supreme Court · 1907
- Walker v. Superior CourtCalifornia Supreme Court · 1902
- Smith v. Pacific BankCalifornia Supreme Court · 1902
3Cited by3 opinions
- State v. MartinezIdaho Supreme Court · 1926
- State v. MillerIdaho Supreme Court · 1939
- State v. MillerIdaho Supreme Court · 1939