State v. Ricks
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. Defendants were convicted of the crime of rape. That no transcript on appeal was served or filed in this court within sis months after perfecting of the appeal is not ground for dismissal of the appeal. (Scott v. Madarica, 32 Ida. 756, 188 Pae. 37; Welch v. Spokane Int.
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APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. Defendants were convicted of the crime of rape. That no transcript on appeal was served or filed in this court within sis months after perfecting of the appeal is not ground for dismissal of the appeal. (Scott v. Madarica, 32 Ida. 756, 188 Pae. 37; Welch v. Spokane Int. B. Co., 32 Ida. 668, 186 Pae. 915.)' A party or his attorney is justified in relying upon the stenographic reporter for a transcript of the oral proceedings of a trial. (State v. Bicks, 32 Ida. 232, 180 Pac. 257, 13…
1Opinion of the CourtMccarthy, J.
Appellants were convicted in the district court of the crime of rape, and appealed. They ordered a transcript from the clerk in accordance with C. S., 9077, and procured an order from the district judge for a reporter’s transcript of the evidence, proceedings and exceptions, in accordance with C. S. 9013. In the meantime the court reporter died, showing was made that his successor could not prepare the transcript, and it is now stipulated by the attorney general and appellants’ counsel that no reporter’s transcript can ever be procured. Respondent moves to dismiss the appeal on the ground…
2Cases cited17 opinions
- State v. MaguireIdaho Supreme Court · 1917
- Richardson v. StateWyoming Supreme Court · 1907
- Borrowscale v. BosworthMassachusetts Supreme Judicial Court · 1867
- People v. BotkinCalifornia Court of Appeal · 1908
- Weiser Irrigation District v. Middle Valley Irrigating Ditch Co.Idaho Supreme Court · 1916
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3Cited by17 opinions
- State v. ArnoldIdaho Supreme Court · 1924
- State v. PolsonIdaho Supreme Court · 1968
- State v. RuddellIdaho Supreme Court · 1976
- State v. DawsonIdaho Supreme Court · 1925
- Farnsley v. StateIndiana Supreme Court · 1925
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