State v. Rice
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The court erred in denying defendant’s motion for a postponement of the trial of said cause. 1. It is commonly regarded as reversible error to deny a'continuance where the application complies with every requirement of the law and is not made merely for delay, and the evidence is material and due diligence is shown, and the opposite party refrains from making such admissions as will obviate a continuance.
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APPEAL from District Court, Shoshone County. The court erred in denying defendant’s motion for a postponement of the trial of said cause. 1. It is commonly regarded as reversible error to deny a'continuance where the application complies with every requirement of the law and is not made merely for delay, and the evidence is material and due diligence is shown, and the opposite party refrains from making such admissions as will obviate a continuance. (Lilien-thal v, Anderson, 1 Idaho, 673; People v. Brown, 54 Cal. 243; Lord v. Dmster, 79 Cal. 477, 21 Pac. 865; Sutton v. People, 119 Ill. 250,…
1Per curiam
Appellant was indicted charged with murder , found by the trial jury to be “guilty of murder in the first degree, as charged in the indictment," and sentenced to be executed; moved for a new trial, which was denied, and appealed to this court from the order denying a new trial and from the judgment of conviction. The state moves to dismiss the appeal from the order denying a new trial upon the ground that the application for a new trial was not made within ten days after verdict, as required'by law, and the time within which to make said application was not extended by the court or by the…
2Cases cited4 opinions
- State v. CorcoranIdaho Supreme Court · 1900
- State v. SmithIdaho Supreme Court · 1897
- State v. WebbIdaho Supreme Court · 1899
- State v. DupuisIdaho Supreme Court · 1901
3Cited by29 opinions
- State v. HoaglandIdaho Supreme Court · 1924
- State v. McClurgIdaho Supreme Court · 1931
- State v. JonesIdaho Supreme Court · 1994
- State v. NeilIdaho Supreme Court · 1907
- State v. HumphreyOregon Supreme Court · 1912
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