State v. Murphy
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. W. W. "Woods, Judge. Criminal prosecution for murder. Judgment for defendant. For the purpose of the motion for an advisory instruction to acquit, every fact brought out by the evidence is admitted to be true. It is therefore admitted by this motion, first, that the defendant killed Patrick Haggerty; second, that the defendant killed him without cause, or justification.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. W. W. "Woods, Judge. Criminal prosecution for murder. Judgment for defendant. For the purpose of the motion for an advisory instruction to acquit, every fact brought out by the evidence is admitted to be true. It is therefore admitted by this motion, first, that the defendant killed Patrick Haggerty; second, that the defendant killed him without cause, or justification. In the case of People v. Walter, 1 Ida. 386, this court held that every homicide, unexplained, is murder, but it is left to the jury to…
1Opinion of the CourtBudge, J.
The respondent was by an information of the county prosecuting attorney of Shoshone county accused of the crime of murder. A trial was had upon this charge before the court with a jury. After the state had introduced its proof and rested, respondent, through his counsel, moved the court to advise the jury to return a verdict of not guilty and to acquit the respondent of the charge alleged in the information for the reasons, first, that the evidence was not sufficient to sustain a conviction; second, that the evidence was insufficient to require respondent to go to his proof upon the issue…
2Cases cited4 opinions
- People v. HornCalifornia Supreme Court · 1886
- People v. MinerIllinois Supreme Court · 1893
- State v. HaverlyIdaho Supreme Court · 1895
- Territory of Montana v. LaunMontana Supreme Court · 1889
3Cited by11 opinions
- State v. SullivanIdaho Supreme Court · 1921
- State v. PuckettIdaho Supreme Court · 1965
- State v. MontgomeryIdaho Supreme Court · 1930
- State v. GeorgeIdaho Supreme Court · 1927
- State v. SheltonIdaho Supreme Court · 1928
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