State v. Moore, 8426

CourtUnited States State Supreme Court of Idaho
Citation304 P.2d 1101,78 Idaho 359
Docket NumberNo. 8426,8426
PartiesThe STATE of Idaho, Flaintiff-Respondent, v. Joe MOORE, Defendant-Appellant.
Decision Date04 December 1956

Page 1101

304 P.2d 1101
78 Idaho 359
The STATE of Idaho, Flaintiff-Respondent,
Joe MOORE, Defendant-Appellant.
No. 8426.
Supreme Court of Idaho.
Dec. 4, 1956.
Rehearing Denied Jan. 9, 1957.

[78 Idaho 360]

Page 1102

Carver, McClenahan & Greenfield, Givens, O'Leary, Doane & Givens, Boise, for appellant.

[78 Idaho 361] Graydon W. Smith, Atty. Gen., J. R. Smead, Asst. Atty. Gen., Blaine F. Evans, Pros. Atty., Boise, for respondent.

TAYLOR, Chief Justice.

November 23, 1955, defendant (appellant) was accused by information of the prosecuting attorney of the infamous crime against nature, alleged to have been committed in Ada County, State of Idaho, on the 1st day of January, 1955.

[78 Idaho 362] On November 29, 1955, the defendant appeared with his counsel. The information was read to defendant and a copy was given him. On defendant's motion further arraignment was continued to December 9th. On December 9th defendant and his counsel again appeared and upon request of defendant's counsel 'the court continued further hearing herein until' December 16, 1955. December 14, 1955, the prosecuting attorney, with defendant and his counsel, appeared before the court 'to plead to the information', and, upon arraignment by the court, the defendant pleaded guilty as charged. The prosecuting attorney made a statement for the information of the court, and counsel for defendant made a statement on his behalf. Nine witnesses were sworn and testified for the defendant. The court then continued 'further proceedings' until December 23, 1955.

December 23, 1955, the prosecutor, with the defendant and his counsel, appeared. Defendant's counsel moved that the record be extended to include a medical report submitted in writing by Dr. Dale Cornell, and a telegram from one McKee of Eugene, Oregon, offering employment to the defendant. Defendant's counsel also moved that the court withhold judgment on the ground that the defendant had received further

Page 1103

medical treatment since the last medical report was submitted, and that additional expert medical testimony from Dr. J. L. Butler would be available December 27, 1955, and should be received by the court. Defendant also made a motion for an order granting probation. The court granted the motion to extend the record, and denied the motions to withhold judgment and grant probation. These denials are assigned as error.

From the clerk's transcript and the notice of appeal, it appears these motions were made...

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63 cases
  • Menges v. Wasden, Case No. 1:20-cv-00452-BLW
    • United States
    • United States District Courts. 9th Circuit. District of Idaho
    • September 8, 2021
    ...argument that "urged the jurors to enforce the law and to halt an outbreak of homosexual practices in the city." And in State v. Moore , 78 Idaho 359, 363, 304 P.2d 1101 (1956), that Court affirmed the denial of probation to one of the defendants because "the State made a showing of various......
  • State v. Wolfe, 12575
    • United States
    • United States State Supreme Court of Idaho
    • July 17, 1978
    ...and the public generally; (3) the possibility of rehabilitation; and (4) punishment or retribution for wrong doing. State v. Moore, 78 Idaho 359, 363, 304 P.2d 1101, 1103 The ten year sentence was well within the fifteen year statutory maximum. I.C. § 18-1403. Therefore the sentence was not......
  • State v. Sheahan, 29121.
    • United States
    • United States State Supreme Court of Idaho
    • August 4, 2003 sentencing, which is "the good order and protection of society." Toohill, 103 Idaho at 568, 650 P.2d at 710 (quoting State v. Moore, 78 Idaho 359, 363, 304 P.2d 1101, 1103 (1956)). Also, the nature of the offense is egregious. Sheahan used lethal force to evade arrest by a person authori......
  • State v. Adams, 12581
    • United States
    • United States State Supreme Court of Idaho
    • March 31, 1978
    ...criminal punishment and has been held to be a sufficient reason for imposing a prison sentence. See State v. Ogata, supra; State v. Moore, 78 Idaho 359, 304 P.2d 1101 (1957). See also State v. Allen, 98 Idaho 782, 572 P.2d 885 Accordingly, we affirm the judgment and sentence imposed. Howeve......
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