State v. Hirsch

BUDGE, J.,

dissenting. — There was no brief filed by or on behalf of appellant. Therefore, no assignments of error are before this court for consideration. (Thomas v. Union Sav. Etc., Co., 38 Ida. 247, 221 Pac. 132; Rosa v. Devingenzo, 53 Ida. 213, 24 Pac. (2d) 1051; Bicandi v. Boise Payette Lbr. Co., 55 Ida. 543, 44 Pac. (2d) 1103.)

The refused instruction does not correctly state the law and was properly refused. Furthermore the refused instruction is fully covered in the instructions given by the court of its own motion. Conceding that the refused instruction is in part correct and in part…