People v. Barnes

Citations

• 2 Idaho 161
• 9 P. 532
• 1886 Ida. LEXIS 4

Syllabus

<p>Evidence. — The provision of our Code of Civil Procedure, section 897, that “the credibility of witnesses may be drawn in question by evidence affecting their character for truth, honesty and integrity, is simply declaratory of the common law, and establishes no new rule for the impeachment of witnesses.”</p> <p>Criminal Peactice. — When the evidence in a criminal trial is not sufficient to sustain a conviction, the remedy by defendant is by motion asking the court to instruct the jury to find a verdict of not guilty. A motion to nonsuit is not proper in criminal practice.</p> <p>Incest. — The crime of incest may be committed by one party to the act without the consenting mind of the other party thereto.</p> <p>(Syllabus by the court.)</p>