State v. Scheminisky
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action charging defendant, as a persistent violator, with the unlawful possession of intoxicating liquor. The lower court erred in permitting the jury to be advised in any way and the state to prove before the jury the prior conviction of defendant of a violation of the prohibition act upon his prosecution as a persistent violator of the act.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action charging defendant, as a persistent violator, with the unlawful possession of intoxicating liquor. The lower court erred in permitting the jury to be advised in any way and the state to prove before the jury the prior conviction of defendant of a violation of the prohibition act upon his prosecution as a persistent violator of the act. (Secs. 7992, 7998, Penal Code; 34 L. R. A. 398, note; State v. Haynes, 35 Yt. 570; 1 Wigmore on Evidence, sec. 196 (2) ; People v. Sansome,…
1Opinion of the CourtBudge, C. J.
The appellant was informed against for unlawfully having in his possession intoxicating liquor. The information, after alleging the particular offense, contained the following averment: “and he, the said Walter Scheminisky, having theretofore and on the sixth day of October, 1916, been adjudged guilty of a violation of the provisions of said act other than section 16 thereof.” He was tried and convicted. This is an appeal from the judgment.
The errors assigned are based upon the action of the trial court in permitting the prosecuting attorney, over the objection of appellant, in examining the…
2Cases cited9 opinions
- People v. . SicklesNew York Court of Appeals · 1898
- Evans v. StateIndiana Supreme Court · 1898
- Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1880
- Johnson v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. MooreSupreme Court of Missouri · 1894
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3Cited by25 opinions
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Apprendi v. New JerseySupreme Court of the United States · 2000
- State v. JohnsonIdaho Supreme Court · 1963
- State v. JohnsonIdaho Supreme Court · 2008
- Advisory Opinion to the SenateSupreme Court of Rhode Island · 1971
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