State v. Ellington

Citations

• 4 Idaho 529
• 43 P. 60
• 1895 Ida. LEXIS 59

Syllabus

<p>'Criminal Practice — Indictment—Murder.—Where, as in Idaho, the statute defines what shall constitute murder, an indictment which sets forth the crime in the language of the statute is sufficient.</p> <p>Same — Degree of Murder Need not be Stated in Indictment. — The finding of the degree of murder being, by statute, required to be found by the trial jury, it is not essential that the definitions of the various degrees should be stated in the indictment. People v. O’Callaghan, 2 Idaho, 156, 9 Pae. 414, overruled.</p> <p>Evidence — Voluntary Statements by Defendant. — Voluntary statements made by a defendant at the time of and while under arrest, it not appearing that the same were made or induced by any promise or hope of benefit to accrue to him therefrom, are proper to be proved on his trial. Evidence in this case examined and held to sustain verdict.</p> <p>(Syllabus by the court.)</p>