State v. Fleming
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. Edward A. Walters, Judge. Trial and conviction of murder in the first degree. Defendant appeals. The defendant did not have a reasonable opportunity between the date of the offense and that of the trial to procure witnesses and prepare his defense,- and if such is the case, a continuance should be granted.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. Edward A. Walters, Judge. Trial and conviction of murder in the first degree. Defendant appeals. The defendant did not have a reasonable opportunity between the date of the offense and that of the trial to procure witnesses and prepare his defense,- and if such is the case, a continuance should be granted. (9 Cye. 188, and authorities cited in note 97.) An instruction to the effect that evidence of confession or admission is the most dangerous evidence that can be admitted in a court of justice and most…
1Opinion of the CourtStewart, J.
— On Sept. 21, 1908, the county prosecuting attorney in and for Lincoln county filed an information in the district court of said county against the defendant, charging him with the crime of murdering and killing one Frank Langford on July 8, 1908. On the same day he was arraigned upon such information and was' represented by counsel and was given the statutory time in which to plead. On Sept. 22, 1908, the defendant with his counsel being present in court filed a demurrer to the information, which demurrer was overruled, and the defendant entered a plea of not guilty of the offense as…
2Cases cited40 opinions
- State v. HarrisonWest Virginia Supreme Court · 1892
- State v. PagelsSupreme Court of Missouri · 1887
- People v. Woon Tuck WoCalifornia Supreme Court · 1898
- State v. McGreeveyIdaho Supreme Court · 1909
- People v. GloverCalifornia Supreme Court · 1903
35 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State v. DrapeauIdaho Supreme Court · 1976
- State v. StevensIdaho Supreme Court · 2008
- State v. BeasonIdaho Supreme Court · 1973
- State v. McClurgIdaho Supreme Court · 1931
- State v. Van VlackIdaho Supreme Court · 1937
29 more not listed; retrieve them via the Exa API.