Legal Opinion

State v. Evans

Idaho Court of Appeals

Decided January 4, 1991No. 18290PublishedCited by 13 opinions

1Opinion of the Court

WALTERS, Chief Judge.

Daniel Evans was convicted by a jury of second. degree burglary following his attempt to redeem a falsified recycling ticket. Evans contends that the district court erred by refusing to inform the jury on the law supporting his theory of the case. Evans also avers that the court erroneously instructed the jury on theft by deception. As explained below, we vacate the judgment of conviction and remand the case to the district court for a new trial.

The undisputed facts are as follows. On February 1, 1989, Daniel Evans entered the Hamilton Manufacturing building in Twin…

2Cases cited14 opinions

  1. State v. BeasonIdaho Supreme Court · 1973
  2. State v. JohnsIdaho Supreme Court · 1987
  3. State v. PierceIdaho Court of Appeals · 1984
  4. State v. PolsonIdaho Supreme Court · 1959
  5. State v. StoddardIdaho Court of Appeals · 1983

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States v. BatesCourt of Appeals for the Eighth Circuit · 2009
  2. State v. FetterlyIdaho Court of Appeals · 1994
  3. State v. EnyeartIdaho Court of Appeals · 1993
  4. State v. KodeshIdaho Court of Appeals · 1992
  5. State v. HansenIdaho Court of Appeals · 1999

8 more not listed; retrieve them via the Exa API.

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