Legal Opinion
State v. Murphy
Idaho Supreme Court
Decided October 3, 1978No. 12473, 12474PublishedCited by 14 opinions
1Opinion of the Court
DONALDSON, Justice.
Pursuant to I.C. § 19-2804(1), we review on appeal the district court’s granting of defendants’, Murphy and Olson, motions to dismiss the state’s informations against them for delivery of a controlled substance, a felony, I.C. § 37-2732(a). The state filed these appeals on December 30, 1976. Idaho Code § 19-2804 was in effect at that time and applies to this appeal.
Idaho Code § 19-2804(1) allows the state to appeal “[f]rom a judgment for the defendant on a demurrer to the indictment.” Although I.C.R. 12(a) abolishes demurrers, this Court has held that the state can appeal…
2Cases cited15 opinions
- United States v. MarionSupreme Court of the United States · 1971
- United States v. LovascoSupreme Court of the United States · 1977
- United States v. ScottSupreme Court of the United States · 1978
- United States v. EwellSupreme Court of the United States · 1966
- Howard Ross v. United StatesCourt of Appeals for the D.C. Circuit · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. MartinezIdaho Supreme Court · 1994
- State v. AverettIdaho Court of Appeals · 2006
- State v. EnglishHawaii Supreme Court · 1979
- State v. DavisIdaho Court of Appeals · 2005
- Smallwood v. StateCourt of Special Appeals of Maryland · 1982
9 more not listed; retrieve them via the Exa API.