State v. Bland
Idaho Supreme Court
APPEAL from the District Court in and for tbe County of Shoshone. Honorable Balph T. Morgan, Judge. Defendant was convicted of the crime of manslaughter, and from the judgment and an order denying his motion for a new trial, appeals. The court erred in giving to the jury instruction No. 10, requested by the state set forth in the opinion. This instruction is nothing other than a statutory rule of pleading in criminal cases.
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APPEAL from the District Court in and for tbe County of Shoshone. Honorable Balph T. Morgan, Judge. Defendant was convicted of the crime of manslaughter, and from the judgment and an order denying his motion for a new trial, appeals. The court erred in giving to the jury instruction No. 10, requested by the state set forth in the opinion. This instruction is nothing other than a statutory rule of pleading in criminal cases. It does. not enlighten, or tend to enlighten, the jury upon a question of evidence, presumptions, proofs, or any other subject within the province of the deliberations of…
1Opinion of the CourtAilshie, J.
In this case the defendant was on the fifth-day of June, 1903, indicted by the grand jury of Shoshone-county charged with the murder of one Emma B. Aubrey, and the offense was alleged to have been committed by the defendant aiding and abetting one Arthur K. Goode in killing and' murdering the deceased. The case came on regularly for trial in July following and the evidence both for the state and the.*800defendant was submitted and the jury were instructed by the court. On the evening of July 31, 1903, the jury were sent to the juryroom under the charge and control of a sworn bailiff. At about 10…
2Cases cited10 opinions
- State v. WrothWashington Supreme Court · 1896
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- State v. BorchertSupreme Court of Kansas · 1904
- Ellerbe v. StateMississippi Supreme Court · 1897
- Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rueth v. StateIdaho Supreme Court · 1978
- State v. BakerIdaho Supreme Court · 1916
- State v. SlyIdaho Supreme Court · 1905
- State v. McLeskeyIdaho Supreme Court · 2003
- State v. RookeIdaho Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.