State v. Gilbert

Citations

• 8 Idaho 346
• 69 P. 62
• 1902 Ida. LEXIS 18

Syllabus

<p>Criminal Law — Jury — Special Venire —• Sunday —■ Ministeri al Acts. — There is no statute in this state prohibiting secular business or the performance of ministerial acts by ministerial officers on Sunday, and therefore an objection to the panel of a jury in a criminal action that some of said jurors were summoned under a special venire on Sunday was properly overruled, and such action is not ground for reversing the judgment in a criminal action.</p> <p>Criminal Law — Motion for Change of Venue — Discretion of Trial Court. — The granting of a change of venue in a criminal action, upon motion of the defendant, is a matter resting largely in the sound discretion of the court, and the denial of such motion will not authorize a reversal of a judgment against the defendant where it manifestly appears from the record that the defendant had a fair and impartial trial, and that no trouble was experienced in obtaining an impartial jury.</p> <p>Evidence — Dying Declarations — Res Gestae. — The declaration of the deceased made immediately after he was mortally stabbed by the accused to the effect that he was “stabbed to the heart; that ■he was dying; and that he was done for,” is admissible as a part of the res gestae, but the rule would be different if any considerable time had elapsed between the affray and the making of such declaration.</p> <p>(Syllabus by the court.)</p>