State v. Crawford
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Defendant was convicted of battery. The plea of former jeopardy, as the plea of not guilty, raises a question of fact which should be tried by the jury. (State v. Gutke, 25 Ida. 737, 139 Pac. 346; People v. Tucker, 115 Cal. 337, 47 Pae. Ill; Bonham v. State, 6 Okl.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Defendant was convicted of battery. The plea of former jeopardy, as the plea of not guilty, raises a question of fact which should be tried by the jury. (State v. Gutke, 25 Ida. 737, 139 Pac. 346; People v. Tucker, 115 Cal. 337, 47 Pae. Ill; Bonham v. State, 6 Okl. Cr. 227, 118 Pac. 159.) The plea of “former jeopardy” may raise an issue of fact and it may raise an issue of law. It is the duty of the court to pass upon an issue of law arising out of the plea of “former jeopardy.” This…
1Concurring in part, dissenting in part
BUDGE, J.,
Concurring in Part and Dissenting in Part. — ■ I concur in that portion of the majority opinion which deals with the plea of former jeopardy, and which holds that such a plea raises an issue of fact which must be tried by the jury, that the plea has not been disposed of, that the conviction, therefore, cannot be sustained, and that the judgment entered is void. (Kinkle v. People, 27 Colo. 459, 62 Pac. 197; Solliday v. Commonwealth, 28 Pa. St. 13; Commonwealth v. Merrill, 8 Allen (Mass.), 545; People v. Kerm, 8 Utah, 268, 30 Pac. 988; State v. O’Brien, 19 Mont. 6, 47 Pac. 103; Grant…
2Cases cited9 opinions
- People v. McDanielsCalifornia Supreme Court · 1902
- People v. PeralesCalifornia Supreme Court · 1904
- State v. ThompsonMontana Supreme Court · 1891
- People v. HelbingCalifornia Supreme Court · 1882
- People v. KermUtah Supreme Court · 1892
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