State v. Rathbone
Idaho Supreme Court
APPEAL from District Court, Lincoln County. An indictment should be direct and certain as to the offense •charged and the particular circumstances when they are neces.sary to constitute a complete defense. (People v. Saviers, 14 Cal. 29.) The indictment should set forth the facts and circumstances of the alleged offense, so that the accused may be prepared for his defense.
Read the full summary
APPEAL from District Court, Lincoln County. An indictment should be direct and certain as to the offense •charged and the particular circumstances when they are neces.sary to constitute a complete defense. (People v. Saviers, 14 Cal. 29.) The indictment should set forth the facts and circumstances of the alleged offense, so that the accused may be prepared for his defense. (People v. Hood, 6 Cal. 236; People -v. Wallace, 9 Cal. 30.) Defendant’s motion for bill of particulars should have been allowed. (Wharton’s Criminal Procedure and Practice, 8th ed., 703 et seq.; Bex v. Ilodson, 3 Car. & P.…
1Opinion of the CourtStockslager, J.
— The county attorney of Lincoln county charged defendant with the crime of grand larceny. After the usual allegations, the information charges that one Ernest Rathbone, on the fourteenth day of August, 1900, in the county of Lincoln, and state of Idaho, did then and there feloniously steal, take, and drive away two mares, the personal property of another, to wit, the personal property of George M. Brown, all which is contrary to the form of the statutes, etc. Counsel for defendant demurred to this information, alleging: “1. Said information does not state a public offense. 2. Said…
2Cases cited31 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- People v. McKinneyMichigan Supreme Court · 1862
- People v. LewisCalifornia Supreme Court · 1899
- Wilson v. StateTexas Supreme Court · 1876
- State v. McGaffinSupreme Court of Kansas · 1887
26 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. McMahanIdaho Supreme Court · 1937
- Kettenbach v. United StatesCourt of Appeals for the Ninth Circuit · 1913
- State v. O'NeilIdaho Supreme Court · 1913
- State v. NeilIdaho Supreme Court · 1937
- State v. GeeIdaho Supreme Court · 1930
10 more not listed; retrieve them via the Exa API.