State v. Ricks
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. Defendants were convicted of the crime of rape. That no transcript on appeal was served or filed in this court within sis months after perfecting of the appeal is not ground for dismissal of the appeal. (Scott v. Madarica, 32 Ida. 756, 188 Pae. 37; Welch v. Spokane Int.
Read the full summary
APPEAL from the District Court of the Ninth Judicial District, for Madison County. Hon. James G. Gwinn, Judge. Defendants were convicted of the crime of rape. That no transcript on appeal was served or filed in this court within sis months after perfecting of the appeal is not ground for dismissal of the appeal. (Scott v. Madarica, 32 Ida. 756, 188 Pae. 37; Welch v. Spokane Int. B. Co., 32 Ida. 668, 186 Pae. 915.)' A party or his attorney is justified in relying upon the stenographic reporter for a transcript of the oral proceedings of a trial. (State v. Bicks, 32 Ida. 232, 180 Pac. 257, 13…
1Dissent
LEE, J.,
Dissenting in Bart. — I dissent from that part of
the majority opinion which holds that this court is without jurisdiction to grant any relief to a defendant convicted of crime, on appeal from such judgment of conviction, where, without fault on his part, he is prevented from obtaining a transcript of the oral proceedings had at the trial below. It is conceded that appellants were prevented from obtaining a transcript by reason of the death of the court reporter, and that there is now no way in which such transcript can be obtained. They contend that they had a right to rely upon the…
2Cases cited26 opinions
- Hume v. BowieSupreme Court of the United States · 1893
- Richardson v. StateWyoming Supreme Court · 1907
- Borrowscale v. BosworthMassachusetts Supreme Judicial Court · 1867
- Alley v. McCabeIllinois Supreme Court · 1893
- Bailey v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
21 more not listed; retrieve them via the Exa API.