State v. Browne

Citations

• 4 Idaho 723
• 44 P. 552
• 1896 Ida. LEXIS 18

Syllabus

<p>Practice — Challenges, Peremptory, How Taken. — In the impaneling of a trial jury in a criminal ease, where the defendant has double the number of peremptory challenges given the state, the state making the first challenge, the defense is required to make two before the state is again called upon to exercise its next peremptory challenge.</p> <p>Indictment — Reasonable Doubt — Instructions-—Section 6975 of the Revised Statutes Construed. — In- the prosecution of an indictment under the provisions of section 6975 of the Revised Statutes of Idaho, it is error to instruct the jury that before they can convict a defendant of a violation of the statute, they must be satisfied, beyond a reasonable doubt, that such violation of the statute was made with the intent feloniously and corruptly to wrong, cheat, or defraud the county of its money or property, or any part thereof.</p> <p>(Syllabus by the court.)</p>