Legal Opinion

State v. Gordon

Idaho Supreme Court

Decided May 15, 1897PublishedCited by 17 opinions

APPEAL from District Court, Latab County. The appellant was indicted by information of the district attorney' presumptively for the crime of murder in the first degree. He was found guilty of murder in the second degree. He moved for a new trial, which yas overruled, from which order he appeals to this court and he also appeals from the judgment.

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APPEAL from District Court, Latab County. The appellant was indicted by information of the district attorney' presumptively for the crime of murder in the first degree. He was found guilty of murder in the second degree. He moved for a new trial, which yas overruled, from which order he appeals to this court and he also appeals from the judgment. The court erred in allowing the district attorney to proceed and examine the jurors, on implied and actual bias, against the protest and objection of the defendant, after the district attorney had passed the jury for general qualification and before…

1Opinion of the CourtHuston, J.

The defendant was convicted of murder in the second degree. On this appeal six errors are assigned, but five only were urged at the hearing, the fifth assignment having been abandoned upon the hearing. The transcript in this case, so far as the bill of exceptions is concerned and application for new trial, is in the same condition as that in the case of State v. Smith (decided at this term), ante, p. 291, 48 Pac. 1060, and the same rule will obtain in relation thereto.

The first, second, third and sixth assignments of error are predicated upon the rulings of the court in the impaneling of *299the…

2Cases cited4 opinions

  1. People v. DurrantCalifornia Supreme Court · 1897
  2. State v. McClearNevada Supreme Court · 1876
  3. State v. SmithIdaho Supreme Court · 1897
  4. People v. WalterIdaho Supreme Court · 1871

3Cited by17 opinions

  1. State v. Mark LankfordIdaho Supreme Court · 2017
  2. State v. HoaglandIdaho Supreme Court · 1924
  3. State v. FlemingIdaho Supreme Court · 1910
  4. State v. ShuffIdaho Supreme Court · 1903
  5. State v. BarberIdaho Supreme Court · 1907

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