State v. Crawford
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Defendant was convicted of battery. The plea of former jeopardy, as the plea of not guilty, raises a question of fact which should be tried by the jury. (State v. Gutke, 25 Ida. 737, 139 Pac. 346; People v. Tucker, 115 Cal. 337, 47 Pae. Ill; Bonham v. State, 6 Okl.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Defendant was convicted of battery. The plea of former jeopardy, as the plea of not guilty, raises a question of fact which should be tried by the jury. (State v. Gutke, 25 Ida. 737, 139 Pac. 346; People v. Tucker, 115 Cal. 337, 47 Pae. Ill; Bonham v. State, 6 Okl. Cr. 227, 118 Pac. 159.) The plea of “former jeopardy” may raise an issue of fact and it may raise an issue of law. It is the duty of the court to pass upon an issue of law arising out of the plea of “former jeopardy.” This…
1Opinion of the CourtMorgan, C. J.
On November 25, 1916, an information was filed against appellant wherein it was charged that “the said Charles Crawford, on or about the 8th day of July, A. D. 1916, .... at the County of Canyon, in the State of Idaho, did then and there, wilfully, unlawfully, knowingly and feloniously commit an assault with intent to produce great bodily injury upon the person of H. H. Cross, then and there being, by then and there striking and beating the face' and body of the said H. H. Cross with his clenched fist and by thus striking and beating the said H. H. Cross then and there wounding, maiming and…
2Cases cited6 opinions
- State v. MaguireIdaho Supreme Court · 1917
- State v. GutkeIdaho Supreme Court · 1914
- People v. KinseyCalifornia Supreme Court · 1876
- People v. FuquaCalifornia Supreme Court · 1882
- People v. HelbingCalifornia Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Good v. First Nat. Bank of RoffSupreme Court of Oklahoma · 1923
- State v. RandolphIdaho Supreme Court · 1940
- State v. BlackIdaho Supreme Court · 1922
- State v. MushrowIdaho Supreme Court · 1919
- State v. DouglassIdaho Supreme Court · 1922
9 more not listed; retrieve them via the Exa API.