Legal Opinion

State v. Silva

Idaho Supreme Court

Decided January 30, 1912PublishedCited by 28 opinions

APPEAL from the District Court of tbe Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. The defendant was convicted of selling intoxicating liquors in a prohibition district contrary to law, and sentenced to imprisonment and also to pay a fine.

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APPEAL from the District Court of tbe Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. The defendant was convicted of selling intoxicating liquors in a prohibition district contrary to law, and sentenced to imprisonment and also to pay a fine. The court erred in permitting M. T. Whitenaek, a witness for the state in rebuttal, to testify in the case, for the reason that his name did not appear at any time upon the information and was not placed thereon during the trial or thereafter. (State v. Crea, 10 Ida. 88, 76 Pae. 1013; State v. McGann, 8 Ida. 40, 66 Pac. 823;…

1Opinion of the CourtSullivan, J.

The defendant was convicted of an unlawful sale of intoxicating liquors, contrary to what is known as the “Local Option Law” (Sess. Laws 1909, p. 9), and sentenced to imprisonment in the county jail for a term of five months and to pay a fine of $500 and costs of prosecution. The appeal is from the judgment.

The first error assigned is to the effect that the court erred in overruling appellant’s challenge to the jury.

Before the jury was called, defendant interposed a challenge to the panel, based on the ground that there was a material departure from the form prescribed by law in respect to…

2Cases cited10 opinions

  1. State v. MarrenIdaho Supreme Court · 1910
  2. State v. CreaIdaho Supreme Court · 1904
  3. State v. BarberIdaho Supreme Court · 1907
  4. Kastner v. StateNebraska Supreme Court · 1899
  5. Davis v. HamblinCourt of Appeals of Maryland · 1879

5 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State v. OwenIdaho Supreme Court · 1953
  2. State v. TaylorIdaho Supreme Court · 1939
  3. Morgan v. Firestone Tire & Rubber Co.Idaho Supreme Court · 1948
  4. State v. OrrIdaho Supreme Court · 1933
  5. State v. MundellIdaho Supreme Court · 1945

23 more not listed; retrieve them via the Exa API.

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