State v. Anthony

Citations

• 6 Idaho 383
• 55 P. 884
• 1899 Ida. LEXIS 1

Syllabus

<p>Rape — Insufficiency of Evidence. — Where improper and prejudicial evidence is introduced by the state, a judgment against the defendant must he set aside, and the cause remanded.</p> <p>Same — Substantiae Conflict in Evidence. — Where there is a substantial conflict in the material evidence, and there has been improper and prejudicial evidence introduced by the state, this court will not undertake to determine whether the conflicting evidence is sufficient to establish the guilt of the defendant beyond a reasonable doubt.</p> <p>Cross-Examination of Defendant. — Under the provisions of section 6082 of the Revised Statutes, after the examination of a witness has been concluded, on both sides, the witness may be recalled by leave of court, for further examination.</p> <p>Impeachment.- — Under the facts of this case, it was error to compel the defendant to answer questions concerning an alleged attempt to debauch a child, which matter was not connected in the remotest degree with the crime for which the defendant was being tried.</p> <p>Same. — The credibility of a witness may be impeached by proof- that he has made statements relevant to the issues out of court, corn-trary to what he has testified to on the trial.</p> <p>Same. — Under the provisions of section 6082 of the Revised Statutes, a witness may be impeached: 1. By contradictory evidence; 2. By evidence that his general reputation for truth, honesty or integrity is had; but cannot be impeached by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that the witness has been convicted of a felony.</p> <p>INSTRUCTIONS — Reasonable Doi bt. — It was not error for the court to refuse to instruct the jury, that however slight the “reasonable doubt” might be if fairly based on the evidence, the defendant must be acquitted.</p> <p>(Syllabus by the court.)</p>