State v. Wetter
Idaho Supreme Court
APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. An erroneous instruction containing a plain statement of an incorrect principle of law is not cured by other instructions.
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APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. An erroneous instruction containing a plain statement of an incorrect principle of law is not cured by other instructions. (People v. Westlake, 124 Cal. 452, 57 Pac. 467; People v. Higgins (Cal.), 12 Pac. 301; State v. Webb, 6 Idaho, 428, 55 Pac. 892.) In asking for a continuance on the ground of absence of a material witness, it is not sufficient that the affidavit should state that the attendance of such witness can be procured at the next term. It must state the ground of such opinion of the affiant as to…
1Opinion of the CourtStockslager, C. J.
— The prosecuting officer of Idaho county filed an'information in that county charging the defendant with the crime of murder. The charging part of the information follows: “That the said Rudolph Wetter, on or about the nineteenth day of July, 1904, at the county of Idaho, state of Idaho, then and there being, did then and there willfully, deliberately, ‘premeditatedly,’ unlawfully, feloniously and with malice aforethought kill and murder one Christ Long, a human being, by then and there willfully, deliberately, ‘premeditatedly,’ unlawfully, feloniously, and with malice aforethought, shooting…
2Cases cited6 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- State v. LarkinsIdaho Supreme Court · 1897
- State v. ShuffIdaho Supreme Court · 1903
- State v. RiceIdaho Supreme Court · 1901
- Territory v. GuthrieIdaho Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. ClokeyIdaho Supreme Court · 1961
- State v. HoaglandIdaho Supreme Court · 1924
- State v. McClurgIdaho Supreme Court · 1931
- State v. Van VlackIdaho Supreme Court · 1937
- State v. NeilIdaho Supreme Court · 1907
20 more not listed; retrieve them via the Exa API.