Legal Opinion

State v. Jackett

Idaho Supreme Court

Decided March 8, 1928No. 5067PublishedCited by 11 opinions

1Opinion of the CourtTaylor, J.

Appellant, charged with one Brosig with the larceny of a cow, was found guilty while Brosig was acquitted. Appellant assigns insufficiency of the evidence to sustain his conviction, urging inconsistency of such a conviction with the acquittal of his co-defendant.

An information, though joint in form, is regarded as a several charge against each defendant, where it charges an offense which may be committed by one person alone. (31 C. J., p. 757, see. 319.) And one defendant may be convicted thereunder, although another is acquitted. (16 C. J., p. 1104, sec. 2591; State v. Haynes, 83 Wash. 660,…

2Cases cited3 opinions

  1. State v. SanfordIdaho Supreme Court · 1902
  2. State v. BogrisIdaho Supreme Court · 1914
  3. State v. HaynesWashington Supreme Court · 1915

3Cited by11 opinions

  1. Bartlett v. United StatesCourt of Appeals for the Tenth Circuit · 1948
  2. State v. VanekIdaho Supreme Court · 1938
  3. State v. HewittIdaho Supreme Court · 1953
  4. State v. DavisIdaho Supreme Court · 1937
  5. State v. DambrellIdaho Supreme Court · 1991

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