Legal Opinion

State v. Smith

Idaho Supreme Court

Decided February 7, 1914PublishedCited by 26 opinions

APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edw. Walters, Judge. Prosecution for manslaughter. Judgment of conviction. Defendant appeals.

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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edw. Walters, Judge. Prosecution for manslaughter. Judgment of conviction. Defendant appeals. Nowhere in the information will there be found “A statement of the acts constituting the offense in ordinary and concise language and in such a manner as to enable a person of common understanding to know what is intended,” and “the particular circumstances of the oifense charged, when they are necessary to constitute a complete offense,” in accordance with secs. 7677, 7678 and 7679, Rev. Codes. (State v. Sly, 11…

1Opinion of the CourtAilshie, C. J.

The defendant was charged by information filed by the prosecuting attorney of Elmore county with the crime of manslaughter. The information is as follows:

“W. L. Harvey, Esq., prosecuting attorney in and for the county of Elmore, and state of Idaho, for and in behalf of the state of Idaho, comes into said court in the year one thousand nine hundred and thirteen, and gives the court here to understand and be informed that Charles C. Smith, prior to the filing of this information, waived a preliminary examination before P. H. Gray, probate judge in and for said county and state, and was there…

2Cases cited19 opinions

  1. Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
  2. Nelson v. HarringtonWisconsin Supreme Court · 1888
  3. People v. OlmsteadMichigan Supreme Court · 1874
  4. State v. PowerWashington Supreme Court · 1901
  5. Patten v. WigginSupreme Judicial Court of Maine · 1862

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

3Cited by26 opinions

  1. Neusbaum v. StateCourt of Appeals of Maryland · 1928
  2. State v. McMahanIdaho Supreme Court · 1937
  3. State v. LundhighIdaho Supreme Court · 1917
  4. Simpson v. Eighth Judicial District CourtNevada Supreme Court · 1972
  5. State v. LopezIdaho Supreme Court · 1977

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

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