State v. Lyons
Idaho Supreme Court
APPEAL from District Court, Canyon County. Evidence of the flight of an accused peison is admissible only for the purpose of showing who did the killing, and not for the purpose of proving guilt. In this ease the accused admitted he did the killing, but 'claimed he did it in self-defense. Therefore, this proof was inadmissible for any purpose and instruction 41 should not have been given. (People v. Ah. Ghoy, 1 Idaho, 817.) A party may contradict his own witness.
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APPEAL from District Court, Canyon County. Evidence of the flight of an accused peison is admissible only for the purpose of showing who did the killing, and not for the purpose of proving guilt. In this ease the accused admitted he did the killing, but 'claimed he did it in self-defense. Therefore, this proof was inadmissible for any purpose and instruction 41 should not have been given. (People v. Ah. Ghoy, 1 Idaho, 817.) A party may contradict his own witness. (Idaho Rev. Stats., see. 6080; 1 Green on Evidence, sec. 444; Norwood v. Eenfield, 30 Cal. 399; People v. Brilliant, 58 Cal. 217.)…
1Opinion of the CourtStockslager, J.
The defendant was convicted of the crime of murder in the second degree, from which judgment of conviction defendant appeals to this court. The matters complained of by appellant are: “The admission of improper evidence over the objection of the appellant; the refusal to admit evidence offered on behalf of appellant; the giving of instructions by the court over the objection of appellant; and the refusal to give instructions asked for by him.”
We gather from the record that on the tenth day of September, 1898, in Canyon county, this state, William H. Bradley received a gunshot wound in the…
2Cases cited6 opinions
- People v. FlannellyCalifornia Supreme Court · 1900
- Clark v. CommonwealthSupreme Court of Pennsylvania · 1889
- State v. SeymourIdaho Supreme Court · 1900
- People v. ChoyIdaho Supreme Court · 1870
- People v. ForsytheCalifornia Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. BassettIdaho Supreme Court · 1963
- State v. JurkoIdaho Supreme Court · 1926
- State v. HargravesIdaho Supreme Court · 1940
- State v. NolanIdaho Supreme Court · 1917
- State v. Dong SingIdaho Supreme Court · 1922
12 more not listed; retrieve them via the Exa API.