State v. Hines

GIVENS, J.,

Dissenting. — In State v. Bowker, 40 Ida. 74, 231 Pac. 706, the latest expression by this court on similar conflicting instructions, the court expressly limited its conclusion that such instructions were prejudicial to a ease where the “facts are such that under one of the instructions a jury should find the defendant guilty, and under the other it could not properly do so.” In the case at bar it is conceded that the jury were justified in finding the defendant guilty under either instruction; in other words, that there were corroborating circumstances.

I think there has arisen an…