Legal Opinion · Concurrence

State v. Poynter

Idaho Supreme Court

Decided October 31, 1921Published

APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robt. M. Terrell, Judge. Appellant was convicted of the crime of being a persistent violator of the prohibitory law. The court had absolutely no jurisdiction to render the judgment in the former case which it did. {Ex parte Cox, 3 Ida. 530, 95 Am. St. 29, 32 Pac. 197.) Then the judgment in that' case is void.

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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robt. M. Terrell, Judge. Appellant was convicted of the crime of being a persistent violator of the prohibitory law. The court had absolutely no jurisdiction to render the judgment in the former case which it did. {Ex parte Cox, 3 Ida. 530, 95 Am. St. 29, 32 Pac. 197.) Then the judgment in that' case is void. If the judgment was void, it was not a prior conviction, and would not authorize the conviction of this defendant, as a persistent violator, of a felony. No one can plead guilty for a defendant in a…

1Concurrence

BUDGE, J.,

Concurring Specially. — Appellant was charged with being a persistent violator of the prohibition law. This appeal is from a judgment of conviction.

Appellant makes eleven assignments of error. In his seventh assignment of error, he complains of the action of the trial court in admitting in evidence the record of a former conviction of a violation of the prohibition law, for the reason that the judgment imposed a fine only, and that appellant was not present when a plea of guilty was received by the court and entered therein.

As to the first point, the judgment was not invalid by…

2Cases cited24 opinions

  1. Crain v. United StatesSupreme Court of the United States · 1896
  2. People v. . BradnerNew York Court of Appeals · 1887
  3. Hack v. StateWisconsin Supreme Court · 1910
  4. State v. CassadySupreme Court of Kansas · 1874
  5. State v. StraubWashington Supreme Court · 1896

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