State v. Lumpkin
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. From a judgment of conviction for selling intoxicating liquor and from an order denying a new trial, defendant appeals. The granting or denying of a new trial in a criminal case rests in the sound discretion of the trial court, and its action thereon will not be disturbed on appeal unless there appears a clear abuse of discretion.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. From a judgment of conviction for selling intoxicating liquor and from an order denying a new trial, defendant appeals. The granting or denying of a new trial in a criminal case rests in the sound discretion of the trial court, and its action thereon will not be disturbed on appeal unless there appears a clear abuse of discretion. (State v. Barber, 15 Ida. 96, 96 Pac. 116.) A new trial will not be granted for newly discovered evidence which, when produced, will merely impeach or…
1Opinion of the CourtBudge, C. J.
The appellant was informed against, tried and convicted of the crime of selling intoxicating liquor, and was sentenced to pay a fine of $100, to be confined in the *177county jail for sixty days, and Ms license as a pharmacist was revoked. This is an appeal from the judgment and from an order overruling a motion for a new trial.
The material part of the information charges “that the said William Lumpkin, on or about the 26th day of January, A. D. 1917, at the county of Kootenai, state of Idaho, unlawfully and wilfully did sell and deliver to one Sam Thomas, one pint bottle filled with a fluid…
2Cases cited4 opinions
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3Cited by10 opinions
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- State v. ClarkIdaho Supreme Court · 1929
- McAllister v. BardsleyIdaho Supreme Court · 1923
- State v. BlackIdaho Supreme Court · 1922
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