State v. Fowler
Idaho Supreme Court
APPEAL from the District Court of Fourth Judicial District for Blaine county. Hon. Lyttleton Price, Judge. Defendants were prosecuted on the charge of rape and convicted and sentenced to serve each a term in the state penitentiary. From the judgment and an order denying their motion for new trial, defendants appealed. In a criminal prosecution the venue must be proved as laid.
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APPEAL from the District Court of Fourth Judicial District for Blaine county. Hon. Lyttleton Price, Judge. Defendants were prosecuted on the charge of rape and convicted and sentenced to serve each a term in the state penitentiary. From the judgment and an order denying their motion for new trial, defendants appealed. In a criminal prosecution the venue must be proved as laid. (22 Ency. of PI. & Pr. 820.) ■ When a bill of exceptions purports to set out all the evidence adduced, and shows no proof of the venue, a judgment of conviction will be reversed. (Gowthorn v. State, 63 Ala. 157;…
1Opinion of the CourtAilspiie, C. J.
The defendants were tried jointly on the charge of rape committed on an Indian woman in Blaine county, July 30, 1906. A verdict of guilty was returned and the prisoners were thereafter sentenced to serve each a term of five years in the state penitentiary. The defendants have appealed from the judgment and an order denying their motion for a new trial.
It is first urged by counsel for defendants that the venue was not shown to be within the county of Blaine, where the *320case was tried. It will be unnecessary to consider this assignment here further than to say that we do not think it is well…
2Cases cited11 opinions
- State v. IrwinIdaho Supreme Court · 1903
- People v. MayesCalifornia Supreme Court · 1885
- State v. CorcoranIdaho Supreme Court · 1900
- Parker v. StateCourt of Appeals of Maryland · 1887
- People v. LambertCalifornia Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. ChristiansenIdaho Supreme Court · 2007
- State v. EllisonNew Mexico Supreme Court · 1914
- State v. GarneyIdaho Supreme Court · 1928
- State v. HallIdaho Supreme Court · 1964
- State v. NeilIdaho Supreme Court · 1907
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