State v. Downing

Citations

• 23 Idaho 540
• 130 P. 461
• 1913 Ida. LEXIS 72

Syllabus

<p>Bape — Attempt to Commit — Instruction to Acquit — Construction op Statute — Evidence—Corroboration—Sufficiency of — Question for Jury — Corpus Delicti.</p> <p>1. See. 7235, Bev. Codes, provides for the punishment of attempt» to commit crime.</p> <p>2. Under the provisions of see. 7877, Bev. Codes, if at any time, after the evidence on either side is closed the court deems it insuffieient to warrant a conviction, it must advise the jury to acquit the defendant, but the jury are not bound by such advice. The court is not required to give such advice unless it deems the evidence insufficient to convict.</p> <p>3. An extra-judicial confession by the accused is not sufficient to warrant a conviction unless there are some corroborating circumstances, and as to whether the corroborating circumstances are sufficient is a question for the jury.</p> <p>4. Where there is a substantial conflict in the evidence and the evidence taken as a whole is sufficient to sustain the verdict, the verdiet will not be disturbed.</p>