State v. St. Clair
Idaho Supreme Court
APPEAL from District Court, Boise County. The court erred in giving the following instruction: The court instructs the jury that although the information alleges that John Doe, whose true name to C. M. Hays, district attorney, was unknown at the filing of said information, was killed and murdered at the time and in the manner alleged in said information, yet if the evidence shows that the name of the deceased was John L. Decker, you will find, if the evidence warrants it,…
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APPEAL from District Court, Boise County. The court erred in giving the following instruction: The court instructs the jury that although the information alleges that John Doe, whose true name to C. M. Hays, district attorney, was unknown at the filing of said information, was killed and murdered at the time and in the manner alleged in said information, yet if the evidence shows that the name of the deceased was John L. Decker, you will find, if the evidence warrants it, the defendant guilty of murder, of the said John Doe. If the name of the deceased is unknown to the grand jurors, it may…
1Opinion of the CourtHuston, J.
— The defendant was convicted of murder in the first degree, and sentenced to be hanged. From the judgment and sentence he appeals. Defendant assigns five errors, upon which he asks a reversal of the judgment of the district court:
*111First, in tbe denial of the defendant’s application for a continuance of the trial over the term. Defendant’s application was based solely upon his own affidavit, setting forth what he would prove by certain witnesses whom he named in said affidavit, and whose attendance he therein stated he was unable to procure at that time. The district attorney thereupon…
2Cases cited6 opinions
- People v. KingCalifornia Supreme Court · 1865
- People v. CongletonCalifornia Supreme Court · 1872
- Territory v. GuthrieIdaho Supreme Court · 1888
- People v. GrahamCalifornia Supreme Court · 1862
- People v. DickCalifornia Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. HoaglandIdaho Supreme Court · 1924
- State v. McClurgIdaho Supreme Court · 1931
- State v. FlemingIdaho Supreme Court · 1910
- Addy v. StewartIdaho Supreme Court · 1949
- State v. GruberIdaho Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.