Legal Opinion

State v. Moodie

Idaho Supreme Court

Decided June 23, 1922PublishedCited by 7 opinions

APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Appeal from judgment of conviction of grazing sheep on a cattle range. The provisions of our statutes commonly known as the “Two-mile limit law,” and the “Priority law,” are applicable only to offenses committed in the use of the public domain.

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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Appeal from judgment of conviction of grazing sheep on a cattle range. The provisions of our statutes commonly known as the “Two-mile limit law,” and the “Priority law,” are applicable only to offenses committed in the use of the public domain. (State v. Horn, 27 Ida. 782, 152 Pac. 275; State v. Omaechevviaria, 27 Ida. 797, 799, 152 Pac. 280; Omaechevarria v. State, 246 U. S. 343, 38 Sup. Ct. 323, 62 L. ed. 763; McGinnis v. Friedman, 2 Ida. 393, 17 Pac. 635; Sweet v. Ballentyne, 8 Ida-…

1Opinion of the CourtMccarthy, J.

Appellant was convicted of grazing sheep on a cattle range in violation of C. S., sec. 8333. The appeal is from the judgment. The specifications of error are, first, the court erred in not sustaining the defendant’s demurrer to the complaint; second, in not sustaining appellant’s motion to quash the complaint; third, the evidence is insufficient to sustain the verdict; fourth, the evidence is insufficient to sustain the judgment.

*576The action of the trial court in overruling the demurrer and denying the motion to quash cannot be reviewed because not presented in a bill of exceptions. (State v.…

2Cases cited7 opinions

  1. State v. MaguireIdaho Supreme Court · 1917
  2. State v. OmaechevviariaIdaho Supreme Court · 1915
  3. State v. RicksIdaho Supreme Court · 1921
  4. State v. CrawfordIdaho Supreme Court · 1919
  5. State v. SnookIdaho Supreme Court · 1921

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

3Cited by7 opinions

  1. State v. CoslerIdaho Supreme Court · 1924
  2. Big Butte Horse & Cattle Ass'n v. AndersonOregon Supreme Court · 1929
  3. State v. Shaw.Idaho Supreme Court · 1949
  4. State v. WilsonIdaho Supreme Court · 1925
  5. State v. PetereitIdaho Supreme Court · 1924

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

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