Legal Opinion

State v. Hines

Idaho Supreme Court

Decided January 24, 1898PublishedCited by 3 opinions

APPEAL from District Court, Ada County. The court erred in matters of law governing this case — in refusing defendant’s instructions as follows: “To find the defendant guilty under the information, the jury must believe from the evidence to a moral certainty and beyond a reasonable doubt, that the defendant at the time he took the said mare took her with the felonious intent to convert her permanently to his own use.”

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APPEAL from District Court, Ada County. The court erred in matters of law governing this case — in refusing defendant’s instructions as follows: “To find the defendant guilty under the information, the jury must believe from the evidence to a moral certainty and beyond a reasonable doubt, that the defendant at the time he took the said mare took her with the felonious intent to convert her permanently to his own use.” “If the jury believe from the evidence that the defendant took the animal as alleged in the information without the intent to permanently deprive the owner of the said animal,…

1Opinion of the CourtHuston, J.

The defendant was convicted of tbe crime of grand larceny, and from such judgment of conviction takes this appeal.

The facts, as they appear from tbe record, are substantially as follows: Tbe defendant and one Eugene Bandolph and one George Cantwell were, on tbe twentieth day of December, 1896, confined in the county jail of Ada county, and on that day broke jail, and in their efforts to escape recapture they entered the barn or stable of one 0. H. Jackson, at Orchard Farms, in said county, in the night-time and took therefrom the animal described in the information. They severally rode the…

2Cited by3 opinions

  1. State v. HuskinsonIdaho Supreme Court · 1951
  2. State v. RiggsIdaho Supreme Court · 1902
  3. State v. HoppleIdaho Supreme Court · 1960

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