State v. Winter
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bear Lake County. Hon. Ed. L. Bryan, Judge of the Seventh District, presiding. Prosecution for wilfully resisting an officer engaged in the discharge of his duty. Verdict and judgment of conviction. Appealed. The record cannot be amended at a subsequent term where there is no record or memoranda of the former order. Affidavits will not do.
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APPEAL from the District Court of the Fifth Judicial District for Bear Lake County. Hon. Ed. L. Bryan, Judge of the Seventh District, presiding. Prosecution for wilfully resisting an officer engaged in the discharge of his duty. Verdict and judgment of conviction. Appealed. The record cannot be amended at a subsequent term where there is no record or memoranda of the former order. Affidavits will not do. (Wright v. Commonwealth, 111 Va. 873, 69 S. E. 956; Kilmer v. Parrish, 144 111. App. 270; McKay v. People, 145 111. App. 277; 11 Cyc. 765.) Parol evidence is not proper basis for amendment or…
1Opinion of the CourtAilshie, C. J.
Appellant herein was convicted of the crime of wilfully and unlawfully resisting an officer who was engaged in the discharge of official duty.
It appears that one J. M. Francis, a deputy sheriff, of Bannock county, who had in his possession a summons and an order and writ of injunction for service upon the appellant herein as the manager and representative of the Pocatello Water Co., was about to serve the same on appellant, whereupon appellant made threats and hostile demonstrations and fired a gun in the direction of the officer and thereby interrupted and prevented the service of the…
2Cases cited6 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- In Re WightSupreme Court of the United States · 1890
- Gagnon v. United StatesSupreme Court of the United States · 1904
- Kaufman v. ShainCalifornia Supreme Court · 1896
- People v. WardCalifornia Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. PerryCalifornia Court of Appeal · 1947
- Glennon v. FisherIdaho Supreme Court · 1932
- Occidental Life Insurance v. NiendorfIdaho Supreme Court · 1935
- State v. DouglassIdaho Supreme Court · 1922
- Pacific Finance Corp. v. LaMonteIdaho Supreme Court · 1943
7 more not listed; retrieve them via the Exa API.