Legal Opinion

State v. Curtis

Idaho Supreme Court

Decided December 16, 1916PublishedCited by 17 opinions

APPEAL from tbe District Court of the Fourth Judicial District for Lincoln County. Hon. James R. Bothwell, Judge. H. D. Curtis was convicted of the crime of presenting for payment to the county treasurer of Blaine county certain false and fraudulent claims, and appeals. The state must show prima facie case of conspiracy independent of declarations of co-conspirator.

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APPEAL from tbe District Court of the Fourth Judicial District for Lincoln County. Hon. James R. Bothwell, Judge. H. D. Curtis was convicted of the crime of presenting for payment to the county treasurer of Blaine county certain false and fraudulent claims, and appeals. The state must show prima facie case of conspiracy independent of declarations of co-conspirator. Therefore, the acts and declarations of co-conspirator cannot be considered for the purpose of proving the conspiracy itself. (8 Cyc. 683; State v. Walker, 124 Iowa, 414,100 N. W. 354; State v. Miller, 35 Kan. 328, 10 Pae. 865;…

1Opinion of the Court

MCCARTHY, District Judge.

This case is appealed from the district court of the fourth judicial district, for Lincoln county. The defendant was jointly charged with L. A. Duvall, W. F. Horne and H. R. Plughoff, with the crime of presenting for payment to the treasurer of Blaine county certain false and fraudulent claims. The information' alleges that for some time prior to December 18, 1914, certain bonds and coupons were in the possession, for safekeeping, of the Hailey National Bank of Hailey, Idaho, and were taken from the custody of said bank by the defendants on or about December 18, 1914;…

2Cases cited2 opinions

  1. State v. AltwatterIdaho Supreme Court · 1916
  2. State v. SeymourIdaho Supreme Court · 1900

3Cited by17 opinions

  1. State v. DavidsonIdaho Supreme Court · 1957
  2. State v. FarnsworthIdaho Supreme Court · 1932
  3. State v. JurkoIdaho Supreme Court · 1926
  4. State v. HewittIdaho Supreme Court · 1953
  5. State v. HolderIdaho Supreme Court · 1930

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