State v. Downing
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. The defendant found guilty of an attempt to commit a rape and sentenced to the penitentiary for from one to five years. “To warrant a conviction upon an extrajudicial confession of the accused, there must be independent evidence to establish the corpus delicti of the crime.” (2 Whar. Crim.
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APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. The defendant found guilty of an attempt to commit a rape and sentenced to the penitentiary for from one to five years. “To warrant a conviction upon an extrajudicial confession of the accused, there must be independent evidence to establish the corpus delicti of the crime.” (2 Whar. Crim. Ev., 10th ed., p. 1312, sec. 633, and cases there cited; 3 Green], Ev., sec. 30, cited with approval in People v. Jones, 31 Cal. 568.) “A confession not corroborated by independent evidence of…
1Opinion of the CourtSullivan, J.
— The defendant was prosecuted on the information of the prosecuting attorney, wherein it is alleged: “That said defendant on or about the 20th day of August, 1912, at Weiser .... then and there being, did wilfully, unlawfully and feloniously make an assault upon the person of one Neva Kingsbury, a female child then and there being under the age of eighteen years, to wit: of the age of thirteen years and upward, and did then and there wilfully, unlawfully and feloniously attempt to have sexual intercourse with her, the said Neva Kingsbury, she, the said Neva Kingsbury, not being then and…
2Cases cited5 opinions
- Ryan v. StateSupreme Court of Alabama · 1893
- Sullivan v. StateNebraska Supreme Court · 1899
- State v. SilvaIdaho Supreme Court · 1912
- State v. PeckIdaho Supreme Court · 1908
- State v. NesbitIdaho Supreme Court · 1895
3Cited by28 opinions
- State v. Van VlackIdaho Supreme Court · 1937
- State v. HallIdaho Supreme Court · 1964
- State v. StevensIdaho Supreme Court · 1929
- Jephson v. AmbuelIdaho Supreme Court · 1970
- State v. McCallumIdaho Supreme Court · 1956
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