State v. Squires
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Honorable Edgar C. Steele, Judge. The defendant was convicted of the crime of manslaughter, and appeals from the judgment and order overruling a motion for a new trial. The attorney general moves to dismiss the appeal.
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APPEAL from the District Court of the Second Judicial District for Latah County. Honorable Edgar C. Steele, Judge. The defendant was convicted of the crime of manslaughter, and appeals from the judgment and order overruling a motion for a new trial. The attorney general moves to dismiss the appeal. No service of the transcript in this case has ever been made upon the attorney general, who is by law charged with the duty of representing the people of the state, or of any county thereof, in this court. (Sec. 250, subd. 1, Rev. Stat. 1887.) The attorney general, or someone acting by his…
1Dissent
AILSHIE, C. J.,
Dissenting. — Owing to the facts and circumstances peculiar to this case, I do not think it falls within the rule as announced in State v. Miles, 11 Ida. 784, 83 Pac. 697, and Corker v. Elmore County, 11 Ida. 787, 84 Pac. 509. On the oral argument, at the hearing on this motion, it was admitted that the transcript was served on the prosecuting attorney of Latah county; it was also admitted that a substantial copy of the transcript was mailed to the attorney general’s office by Mr. Stillinger, the prosecuting attorney, in due time. It was further admitted that the attorney…
2Cases cited2 opinions
- State v. MilesIdaho Supreme Court · 1906
- Corker v. Elmore CountyIdaho Supreme Court · 1906