Legal Opinion

State v. Kruger

Idaho Supreme Court

Decided June 1, 1900PublishedCited by 9 opinions

APPEAL from District Court, Blaine County. Where the prosecution depends upon circumstantial evidence, each circumstance or fact which forms a necessary link in the chain of circumstantial evidence must be established with the same degree of proof as any other fact. (Commonwealth v. Webster, 5 Cush. 295, 52 Am. Dee. 711; People v. Phipps, 39 Cal. 326; People v. Ah Chung, 54 Cal. 403; People v. Smith, 105 Cal. 678, 39 Pac. 38; Sumner v. State, 5 Blackf. 579, 36 Am.

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APPEAL from District Court, Blaine County. Where the prosecution depends upon circumstantial evidence, each circumstance or fact which forms a necessary link in the chain of circumstantial evidence must be established with the same degree of proof as any other fact. (Commonwealth v. Webster, 5 Cush. 295, 52 Am. Dee. 711; People v. Phipps, 39 Cal. 326; People v. Ah Chung, 54 Cal. 403; People v. Smith, 105 Cal. 678, 39 Pac. 38; Sumner v. State, 5 Blackf. 579, 36 Am. Dee. 561; Campbell v. State, 10 Tex. App. 560; People v. Strong, 30 Cal. 151; People v. Chung Ah Chue, 57 Cal. 566.) If there is a…

1Opinion of the CourtHuston, C. J.

The defendants were convicted of the crime of burglary. From the judgment and the order denying new trial, the appeal is taken. The appellants specify seven errors alleged to have been committed by the trial court in the trial of this case. We will consider them in the order in which they are presented by the appellants’ brief.

The first error alleged is that the court erred in instructing the jury as shown at folios 37 and 38 of the record, relating to accessaries. That instruction was a simple recital of the provisions of the statute; nothing more, nothing lesst. It might have been an act of…

2Cases cited2 opinions

  1. People v. DeweyIdaho Supreme Court · 1885
  2. People v. PiersonIdaho Supreme Court · 1884

3Cited by9 opinions

  1. State v. FarnsworthIdaho Supreme Court · 1932
  2. State v. AlcornIdaho Supreme Court · 1901
  3. State v. NeilIdaho Supreme Court · 1907
  4. State v. ClarkIdaho Supreme Court · 1929
  5. State v. GlanzmanIdaho Supreme Court · 1949

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