State v. Steensland
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, for Gooding County. Hon. Wm. A. Babcock, Judge. Defendant was convicted of transporting intoxicating liquor into a prohibition district. The alleged offense is barred by the statute of limitations. (Sec. 8703, C. S.; 16 C. J. 230; People v. Ayhens, 85 Cal. 88, 24 Pac. 635; Vaughn v. Gongdon, 56 Yt. Ill, 48' Am.
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APPEAL from tbe District Court of the Fourth Judicial District, for Gooding County. Hon. Wm. A. Babcock, Judge. Defendant was convicted of transporting intoxicating liquor into a prohibition district. The alleged offense is barred by the statute of limitations. (Sec. 8703, C. S.; 16 C. J. 230; People v. Ayhens, 85 Cal. 88, 24 Pac. 635; Vaughn v. Gongdon, 56 Yt. Ill, 48' Am. Rep. 758; sec. 801, Kerr’s Penal Code Cal.; and eases cited.) “The plea of not guilty puts in issue every material allegation of the indictment” (or information). (See. 8882, C. S.) “The plea of the statutory bar need not…
1Opinion of the Court
RICE C. J.
On November 12, 1917, an information was filed in the district court, charging that appellant on or about the fifth day of October, 1916, wilfully and unlawfully transported intoxicating liquors into a prohibition district of the state. Appellant entered a plea of not guilty, and upon the trial was convicted. He has appealed from the judgment.
The crime charged by the information is in this state a misdemeanor.
C. S., secs. 8703, 8704 and 8705 read as follows:
“Sec. 8703. An indictment for any misdemeanor must be found within one year after its commission.”
“Sec. 8704. If, when the…
2Cases cited19 opinions
- McLane v. StateSupreme Court of Georgia · 1848
- Lamkin v. PeopleIllinois Supreme Court · 1880
- People v. MillerCalifornia Supreme Court · 1859
- State v. BischoffSupreme Court of Louisiana · 1919
- Ex Parte HoardCourt of Criminal Appeals of Texas · 1911
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Elmer J. Benes v. United StatesCourt of Appeals for the Sixth Circuit · 1960
- State v. EppensCourt of Appeals of Washington · 1981
- Bustamante v. District Court of Third Judicial Dist.Supreme Court of Colorado · 1958
- The People v. RossIllinois Supreme Court · 1927
- People v. McGillCalifornia Court of Appeal · 1935
13 more not listed; retrieve them via the Exa API.