State v. Barnard
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District for the County of Cassia. Hon. Lyttleton Price, Judge. It is not required that the record sent up shall contain any reference to the notice of intention to appeal. The “Notice of Appeal” required to be transmitted is the written notice mentioned in section 8321. Appellant founds his right to a hearing upon section 9, article 5 of the constitution, defining the jurisdiction of the supreme court.
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APPEAL from tbe District Court of the Fourth Judicial District for the County of Cassia. Hon. Lyttleton Price, Judge. It is not required that the record sent up shall contain any reference to the notice of intention to appeal. The “Notice of Appeal” required to be transmitted is the written notice mentioned in section 8321. Appellant founds his right to a hearing upon section 9, article 5 of the constitution, defining the jurisdiction of the supreme court. He does not concede that section 8042 of the Revised Statutes does not give him the right of appeal. On the contrary, he insists that a…
1Opinion of the CourtAilshie, C. J.
The defendant was convicted of a misdemeanor in a justice’s court of Cassia county, and thereafter and within the time prescribed by statute (Rev. Stats., sec. 8321), filed and served his notice of appeal, which, after *442giving the title of the court and cause, is as follows: “You will please take notice that the defendant in the above-entitled action ;hereby appeals to the district court of the fourth judicial district in and for the county of Cassia, from the judgment therein made and entered in the said justice court on the 18th day of January, 1906, in favor of the said plaintiff and…
2Cited by8 opinions
- State v. DawnIdaho Supreme Court · 1925
- State v. HorsleyIdaho Supreme Court · 1990
- State v. GisselIdaho Court of Appeals · 1983
- State v. MasonIdaho Supreme Court · 1982
- State v. RaafIdaho Supreme Court · 1909
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