State v. Roberts
Idaho Supreme Court
APPEAL from the District Court of the Fourth 'Judicial District, for Lincoln County. Hon. Wm. A. Babcock, Judge. Defendant was convicted of rape. All circumstances are against possibility of identification. The verdict has no foundation in the testimony. (State v. Balter, 6 Ida. 496, 56 Pae. 81; State v. Anderson, 6 Ida. 706, 59 Pac. 180.)
1Opinion of the CourtBudge, J.
The defendant was convicted of rape and sentenced to a term of imprisonment in the state penitentiary, for not less than five nor more than twenty years. This appeal is from the judgment.
Appellant specifies four particulars in which it is contended that the evidence is insufficient to sustain the verdict of the jury. From our examination of the record, we find it unnecessary to consider the insufficiency of the evidence, except in so far as it affects the question of the identity of appellant as the person who committed the offense.
In criminal eases, the prosecution is required to prove two…
2Cited by1 opinion
- State v. RankinIdaho Supreme Court · 1935