Legal Opinion

State v. Driskill

Idaho Supreme Court

Decided February 3, 1915PublishedCited by 8 opinions

APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Prosecution for statutory rape. Conviction and sentence of defendant.

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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Prosecution for statutory rape. Conviction and sentence of defendant. Admission of testimony as to acts of misconduct and lewdness by the defendant with other girls was clearly reversible error. {People v. Stewart, 85 Cal. 174, 24 Pac. 722; People v. Bowen, 49 Cal. 654; People v. Lenon, 79 Cal..628, 21 Pac. 967; People v. McNutt, 64 Cal. 116, 28 Pae. 64; People v. Barnes, 48 Cal. 551; People v. Elliott, 119 Cal. 593, 51 Pae. 955; People v. Lane, 100 Cal. 379, 34 Pac. 856; Owens v.…

1Opinion of the CourtSullivan, C. J.

The defendant was indicted and convicted of the crime of statutory rape and sentenced to an indeterminate term of imprisonment of from five to ten years in the state penitentiary. A motion for a new trial was denied and this appeal is from the judgment and order denying a new trial.

Fifteen errors are assigned which go to the admission of certain evidence, the refusal of the court to give certain requested instructions, and in permitting the prosecuting attorney to make certain statements during his argument to the jury, the insufficiency of the evidence, and the impeachment of the prosecutrix.

2Cited by8 opinions

  1. State v. ChaconIdaho Supreme Court · 1922
  2. State v. CacavasIdaho Supreme Court · 1935
  3. State v. KeyserIdaho Supreme Court · 1923
  4. State v. AimsIdaho Supreme Court · 1958
  5. State v. HopkinsIdaho Supreme Court · 1915

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