State v. Dong Sing
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. F. J. Cowen, Judge Presiding. Appellants were convicted of the crime of murder in the first degree. Admission of gruesome exhibits, when not necessary to establish a material fact, is erroneous as tending to inflame the jury. (Flege v.. State, 93 Neb. 610, 142 N. W. 276, -47 L. R. A., N. S., 1106; McKay v. State, 90 Neb. 63, Ann.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. F. J. Cowen, Judge Presiding. Appellants were convicted of the crime of murder in the first degree. Admission of gruesome exhibits, when not necessary to establish a material fact, is erroneous as tending to inflame the jury. (Flege v.. State, 93 Neb. 610, 142 N. W. 276, -47 L. R. A., N. S., 1106; McKay v. State, 90 Neb. 63, Ann. Cas. 1913B, 1034, 132 N. W. 741, 39 L. R. A., N. S., 714; Id., 91 Neb. 281, Ann. Cas. 1913B, 1034, 135 N. W. 1024, 39 L. R. A., N. S., 720; State v. McKnight, 21 N. M. 14, 153 Pac.…
1Opinion of the CourtDunn, J.
Appellants were jointly informed against by the prosecuting attorney of Ada county for the killing of one Wong Bock Sing. They were convicted of murder of the first degree and sentenced to life imprisonment. They moved for a new trial, which was denied, and have appealed from both the judgment and the order denying a new trial.
Appellants assign as error the introduction in evidence of the garments worn by Wong Bock Sing at the time he was killed, such garments being bloody and having in them cer*622tain holes which the state claimed to have been made by some of the shots which killed the…
2Cases cited29 opinions
- People v. MaughsCalifornia Supreme Court · 1906
- State v. MarrenIdaho Supreme Court · 1910
- State v. MoonIdaho Supreme Court · 1911
- State v. . ThomasSupreme Court of North Carolina · 1896
- Binns v. StateIndiana Supreme Court · 1879
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3Cited by32 opinions
- Sullivan v. State of ArizonaArizona Supreme Court · 1936
- State v. DillonIdaho Supreme Court · 1970
- State v. TaylorIdaho Supreme Court · 1939
- State v. HoferSupreme Court of Iowa · 1947
- State v. McKeehanIdaho Supreme Court · 1967
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