State v. Crea

Citations

• 10 Idaho 88
• 76 P. 1013
• 1904 Ida. LEXIS 5

Syllabus

<p>INFORMATION — INDORSING NAMES OF WITNESSES THEREON — JUROR— •Peremptory Challenge — Beading Indictment to Jury — Impeachment of Witness — Physical Strength of Defendant and Deceased — Retreat—Prejudice of Witness — Exhibits Taken to-Juryroom — Instructions.</p> <p>1. Under the provisions of section 2, Laws Pifth Session, 1889, page 125, requiring the prosecuting attorney to indorse on the information the names of all witnesses known to him at the time of filing the same, and it is sought to have the names of other witnesses indorsed on the information after the same has been filed, ,the court must be satisfied that the names of such witnesses were not known to the prosecuting attorney at the time the information was filed before such names are allowed to he indorsed thereon.</p> <p>2. The court may, in its sound discretion, permit the prosecuting attorney to exercise his right of peremptory challenge of a juror at any time previous to the time the jury is sworn to try the case, the object and purpose being to secure a fair and impartial jury.</p> <p>3. It is not error for the court to permit the witnesses to be sworn in a body.</p> <p>4. Under the provisions of section 7855, Revised Statutes, a failure by the clerk to read the indictment or information and state the plea of the defendant to the jury is reversible error.</p> <p>5. Under the provisions of section 6083, Revised Statutes, a witness may be impeached by evidence showing that he has made at other times statements inconsistent with his present testimony, and such statements must not only be relevant to the issue, but must be of matters of fact and not simply the opinion of the witness based on facts.</p> <p>6. Where the defendant seeks to show the superior physical strength of the deceased when compared with his own, the evidence should be confined to the strength of each at the time of the homicide.</p> <p>7. It was error to reject evidence tending to show that the defendant was behind the bar in a salo