Territory v. Guthrie
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. It is competent to show bias and prejudice on the part of •a witness, tliat the jury may scrutinize and perhaps discredit his testimony.
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APPEAL from District Court, Nez Perces County. It is competent to show bias and prejudice on the part of •a witness, tliat the jury may scrutinize and perhaps discredit his testimony. (Eoscoe’s Criminal Evidence, 181, 182; 1 'Greenleaf on Evidence, 450; State v. Bee, 14 Minn. 35 (Gill. 27); State v. Tosney, 26 Minn. 262, 3 N. W. 345.) Where an accusation against a person includes an offense of an inferior degree, the jury may discharge the defendant of the higher crime, and convict him of the inferior one; and hence it is within the province of the jury to convict of an assault only, although…
1Opinion of the CourtBroderick, J.
At the October, 1887, term of the district court for Shoshone county, Mathew Guthrie and Terrence B. Guthrie wrere jointly indicted for an assault upon Thomas E. Handly, with intent to commit murder. Separate motions -were interposed to set aside the indictment, on account of some alleged irregularity in summoning and impaneling the grand jury. These motions were overruled, and the defendants pleaded not guilty. Separate trials were ordered. The defendants then applied for a change of venue, which motion was granted, and the cases were transferred to Nez Perces county for trial. At the…
2Cases cited7 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- People v. O'CallaghanIdaho Supreme Court · 1886
- People v. WarCalifornia Supreme Court · 1862
- People v. WalterIdaho Supreme Court · 1871
- State v. MooneySupreme Court of Iowa · 1860
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3Cited by19 opinions
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- State v. GleimMontana Supreme Court · 1895
- State v. FlemingIdaho Supreme Court · 1910
- State v. GruberIdaho Supreme Court · 1911
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