State v. Terry

A. M. Terry was charged in the probate court of Gooding county with the crime of arson. At the preliminary hearing, his nephew, Emmett Terry, appellant herein, testified that he did not make certain statements to four officers with respect to the whereabouts of himself and said A. M. Terry on the evening and night of the alleged arson. One of the alleged statements established A. M. Terry’s presence in the vicinity of the crime about twenty-five minutes before the fire was discovered, and therefore related to a matter directly material to the state’s case. Appellant was accordingly prosecuted…