In re McLeod
Idaho Supreme Court
Application for writ of habeas corpus. The information is in tbe most contracted form, barely sufficient with the aid of the statute to make a charge of murder. Without the aid of the statute, it would not be good for that purpose. The language thus used in connection with see. 6732 does not constitute the crime of assault with a deadly weapon. The information does not charge that the murder was committed with an instrument either deadly or otherwise.
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Application for writ of habeas corpus. The information is in tbe most contracted form, barely sufficient with the aid of the statute to make a charge of murder. Without the aid of the statute, it would not be good for that purpose. The language thus used in connection with see. 6732 does not constitute the crime of assault with a deadly weapon. The information does not charge that the murder was committed with an instrument either deadly or otherwise. Therefore it cannot charge an assault with a deadly weapon. Under these conditions, and under the scant pleadings the authorities hold that the…
1Opinion of the CourtStewart, J.
— Norman D. McLeod filed an original petition in this court for a writ of habeas corpus. The petition alleges his imprisonment and confinement and restraint, and that such imprisonment, detention and confinement are illegal for the following reasons: That the county attorney of Elmore county, on November 11, 1912, filed an information against the petitioner charging him with murder in the words and in the manner and form as follows: ‘ ‘ That said Norman D. McLeod on or about the 19th day of October, 1912, at Rocky Bar, Idaho, and prior to the time of filing this information, did then and…
2Cases cited20 opinions
- State v. KellerIdaho Supreme Court · 1902
- In re MilburnWisconsin Supreme Court · 1883
- People v. ButlerIdaho Supreme Court · 1869
- State v. EllingtonIdaho Supreme Court · 1895
- State v. SlyIdaho Supreme Court · 1905
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Mahaffey v. StateIdaho Supreme Court · 1964
- State v. HallIdaho Supreme Court · 1963
- State v. AndersonIdaho Supreme Court · 1960
- Holesome v. StateWisconsin Supreme Court · 1968
- State v. CariagaIdaho Supreme Court · 1974
17 more not listed; retrieve them via the Exa API.