Territory v. Nelson

Decision Date12 February 1890
Citation2 Idaho 651,23 P. 116
PartiesTERRITORY v. NELSON
CourtIdaho Supreme Court

APPEAL from District Court, Bear Lake County. Following case of Territory v. Evans.

Judgment set aside, and indictment dismissed.

Smith & Smith, for Appellant.

R. Z. Johnson, Attorney General, for the Territory.

BEATTY, C. J. Berry and Sweet, JJ., concur.

OPINION

BEATTY, C. J.

This cause involves the same question disposed of in Territory v. Evans, post, p. 658, 2 Idaho 658, 23 P. 115, and both causes were heard and considered together. Upon the authority of the other case, it is ordered the judgment in this be set aside, and the indictment be dismissed.

Berry and Sweet, JJ., concur.

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11 cases
  • State v. Elisondo, 17209
    • United States
    • Idaho Supreme Court
    • June 9, 1988
    ... ... Potter, 6 Idaho 584, 57 P. 431 (1899), overruling Territory v. Evans, 2 Idaho 651, 23 P. 232 (1890). We agree ...         The Court then proceeded to overrule Villarreal and Potter ... ...
  • State v. Mee
    • United States
    • Idaho Supreme Court
    • July 21, 1981
    ... ... Villarreal, supra, and its predecessor case, State v. Potter, 6 Idaho 584, 57 P. 431 (1899), overruling Territory v. Evans, 2 Idaho 651, 23 P. 232 (1890). We agree ...         In Evans, the territorial supreme court held that testimony given at a ... ...
  • Dredge Mining Control-Yes!, Inc. v. Cenarrusa
    • United States
    • Idaho Supreme Court
    • October 4, 1968
    ... ... otherwise provided, every male or female citizen of the United States, twenty-one years old, who has actually resided in this state or territory for six months, and in the county where he or she offers to vote, thirty days next preceding the day of election, if registered as provided by law, ... ...
  • State v. Rosenberg
    • United States
    • Minnesota Supreme Court
    • February 23, 1923
    ... ... Considine, 105 Mich. 149, 63 N.W. 196; State v ... Jackson, 27 Kan. 581, 41 Am. Rep. 424; Territory v ... Evans, 2 Idaho 651, 23 P. 232, 7 L.R.A. 646, or ... possessed of certain educational qualifications, Sutton ... v. Fox, 55 Wis. 531, 132 ... is considered sufficient. 25 Cyc. 89; Commonwealth v ... Butts, 124 Mass. 449; Edson v. State, 148 Ind ... 283, 47 N.E. 625; People v. Nelson, 56 Cal. 77 ...          4. It ... was not error to refuse to charge as to the law of ... accomplices. Wall and Willard, the thieves, ... ...
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