People v. Biles

Citations

• 2 Idaho 114
• 6 P. 120
• 1885 Ida. LEXIS 8

Syllabus

<p>Assistant Counsel in Criminal Causes. — Counsel may be employed to assist tbe district attorney in the trial of criminal causes, and the statute recognizes his right to appear and take part in the conduct of the case.</p> <p>Charges Given bt the Court. — If the defendant desires to have the charges given by the court of its own motion reviewed by the appellate court, he must except thereto at the time such charges are given and incorporate the same into a bill of exceptions certified to by the judge.</p> <p>Verdict. — The verdict of the jury may be corrected in a matter of form by the order of the court, in the presence of the jury, before they are discharged, the jury assenting thereto.</p> <p>Omission of the Court to Charge. — If either party desires the court to give other or further instructions, he must prepare the same and present them to the court for approval or rejection.</p> <p>Misconduct of Juror. — Where affidavits as to the misconduct of a juror are conflicting, the ruling of the court below denying a new trial will not be disturbed.</p> <p>Cumulative Evidence. — Newly discovered evidence which is merely cumulative is.not ground for new trial.</p> <p>Misconduct of Counsel. — Misconduct of counsel in asserting the falsity of the testimony of a witness in the presence of the court, jury, the defendant and his counsel, is not of itself sufficient to entitle the defendant to a new trial.</p> <p>(Syllabus by the court.)</p>