State v. Burke
Idaho Supreme Court
APPEAL from District Court in and for Nez Perce County. Honorable Edgar C. Steele, Judge. Defendant was informed against and charged with the commission of the crime of burglary. From a judgment of conviction and an order denying a motion for a new. trial defendant appealed. Each essential link in the chain of circumstances is the rule where the evidence is entirely circumstantial.
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APPEAL from District Court in and for Nez Perce County. Honorable Edgar C. Steele, Judge. Defendant was informed against and charged with the commission of the crime of burglary. From a judgment of conviction and an order denying a motion for a new. trial defendant appealed. Each essential link in the chain of circumstances is the rule where the evidence is entirely circumstantial. (People v. Phipps, 39 Cal. 326; People v. Ah Chung, 54 Cal. 403; People v. Smith, 106 Cal. 73, 39 Pae. 40; Schusler v. State, 29 Ind. 394; 23 Ency. of Law, 2d ed., 951; 1 Greenleaf on Evidence, sec. 34.) The facts…
1Opinion of the CourtAilshie, J.
— The defendant, David W. Burke, was charged upon information jointly with his father, George Burke, with the crime of burglary. He entered the plea of not guilty, and upon a separate trial was convicted of burglary in the first degree and sentenced to a term in the penitentiary. All the evidence produced by the state upon the trial was substantially as follows: That George Burke, the father of the defendant, was residing upon a farm near the town of Mohler, in Nez Perce county, and the defendant, who had been stopping with his father for a couple of weeks, was employed to assist in the farm…
2Cases cited10 opinions
- State v. IrwinIdaho Supreme Court · 1903
- State v. TuckerOregon Supreme Court · 1900
- State v. HarnessIdaho Supreme Court · 1904
- People v. SearsCalifornia Supreme Court · 1897
- People v. WoodMichigan Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. VanekIdaho Supreme Court · 1938
- State v. WilsonIdaho Supreme Court · 1941
- State v. CarlsonIdaho Supreme Court · 1933
- State v. SchelskeSouth Dakota Supreme Court · 1936
- State v. SorensenIdaho Supreme Court · 1923
2 more not listed; retrieve them via the Exa API.