People v. Mooney
| Decision Date | 13 September 1882 |
| Citation | 2 Idaho 17,2 P. 876 |
| Parties | PEOPLE v. MOONEY |
| Court | Idaho Supreme Court |
HOMICIDE UNDER STATUTE-DEGREE OF CRIME-INSTRUCTIONS.-Upon a trial for murder an instruction to the effect that the defendant is guilty of murder in the first degree if the jury believe from the evidence, beyond a reasonable doubt, that the deceased was killed by defendant while defendant was attempting to commit a robbery, is correct under a statute which makes such offense murder in the first degree.
APPEAL-RECORD ON APPEAL-PRESUMPTIONS-INSTRUCTIONS.-Upon an appeal from a judgment of conviction in a criminal case, in the absence of the evidence, the instructions will be presumed correct, if under any possible state of the evidence, the instruction was authorized.
APPEAL from District Court, Oneida County. Affirmed.
Judgment affirmed. Cause remanded, with directions.
H. M Bennett, for Appellant.
W. A Crawford, District Attorney, for the People.
No briefs were filed in this case.
OPINION
At the November term of the district court of the third judicial district, held in and for the county of Oneida, A. D. 1881, the defendant was indicted for the crime of murder; and, upon a trial, was convicted of murder in the first degree, and thereupon judgment of death was pronounced against him. From that judgment the defendant has appealed to this court, and the case has been submitted upon briefs, without oral argument. There is no evidence or bill of exceptions in the record, nor is there any assignment of errors on file. We are therefore left to an examination of the record, viz., the indictment, the instructions of the district court to the jury, and the judgment; and if there be no error apparent upon their face, the judgment must be affirmed. The indictment seems, upon inspection, to be perfect, and no objection is urged to the judgment, but from the tenor of the appellant's brief we conclude that he objects to the following instruction given by the court to the jury, to wit: "If the jury believe from the evidence, beyond a reasonable doubt, that this defendant killed Joel Hinkley, and that such killing was perpetrated while the defendant, either by himself or with another person, was attempting to commit a robbery, then they may find the defendant guilty of murder in the first degree." There being no evidence in the record, upon the familiar principle that he who alleges error must show it, if the instruction was correct under any possible state of the evidence, it must be sustained.
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State v. Owen
...is not essential, but in its stead the state may rely upon proof of the robbery or attempt to rob. § 18-4003, I.C.; People v. Mooney, 2 Idaho 17, 2 P. 876; State v. Gruber, 19 Idaho 692, 115 P. 1; State v. Arnold, 39 Idaho 589, 229 P. 748; State v. Reding, 52 Idaho 260, 13 P.2d In other wor......
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...v. Dewey, 2 Idaho 83, 6 P. 103; People v. Kuok Wah Choi, 2 Idaho 90, 6 P. 112; People v. McDonald, 2 Idaho 10, 1 P. 345; People v. Mooney, 2 Idaho 17, 2 P. 876; People v. Pierson, 2 Idaho 76, 3 P. 688; People v. Woods, 2 Idaho 364, 16 P. 551; People v. Williams, 2 Idaho 366, 16 P. 552; Terr......
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...intended or not; the intent to commit a felony standing in the place of the malice in ordinary cases of murder. People v. Mooney, 2 Idaho 17, 18, 2 P. 876 (1882) (emphasis added). Under this reading of the statute, Instruction No. 24A correctly instructed the jury that proof of the perpetra......
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Morgan v. State
...he must take the consequences if he goes further than intended when he began." (See, also, State v. Gray, 19 Nev. 212, 8 P. 456; People v. Mooney, 2 Idaho 17; People v. Greenwall, 115 N.Y. 520; Moynihan State, 70 Ind. 126; Robinson v. Commonwealth, 88 Va. 900; Reddick v. Commonwealth, 17 Ky......