State v. Ward
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Prosecution for adultery. From a judgment of conviction defendant appeals.
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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Prosecution for adultery. From a judgment of conviction defendant appeals. The following instruction is erroneous: “The defense of alibi to be entitled to consideration must be such as to show that at the very time of the alleged commission of the- crime charged, the accused was at another place, under such circumstances that he could not, with any ordinary exertion, have reached the place where the crime was committed, so as to have participated in the commission thereof.” This…
1Opinion of the CourtBudge, C. J.
The appellant was convicted of the crime of adultery. This appeal is from the judgment.
The specifications of error, based upon certain instructions given, raise the only debatable question in the case. The instructions complained of are as follows:
1. “One of the defenses interposed by the defendant in this case is what is known in law as an alibi; that is, that the defendant was at another place at the time of the alleged commission of the crime, and all the evidence bearing upon that point should be carefully considered by the jury, and, if, after considering the evidence the jury have a…
2Cases cited18 opinions
- State v. MarrenIdaho Supreme Court · 1910
- State v. BrillIdaho Supreme Court · 1912
- People v. LevineCalifornia Supreme Court · 1890
- State v. MaherSupreme Court of Iowa · 1888
- State v. RiceIdaho Supreme Court · 1901
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. KleierIdaho Supreme Court · 1949
- State v. VanekIdaho Supreme Court · 1938
- Kinzell v. Chicago, Milwaukee & St. Paul Railway Co.Idaho Supreme Court · 1920
- State v. AdamsWashington Supreme Court · 1972
- State v. AdamsWashington Supreme Court · 1972
5 more not listed; retrieve them via the Exa API.