State v. Hall

Citations

• 25 Idaho 107
• 135 P. 1163
• 1913 Ida. LEXIS 2

Syllabus

<p>Criminal Law — Homicide—Error in Refusing Instructions — Record of Evidence.</p> <p>1. Upon an appeal from a judgment of conviction in a criminal ease, if the evidence given át the trial be not in the record, it will be presumed that the instructions given by the trial court were justified by the evidence, and that the instructions refused, even if correct in themselves, had no application to the evidence.</p> <p>Z. In the trial of a criminal case charging wilful murder, where the defendant is convicted and an appeal is taken to this court upon the ground that the court erred in refusing to give to the jury certain instructions requested by the appellant, and the court gave instructions stating the law applicable to the charge, this court will presume, in the absence of any objections to the court’s instructions given, that the trial court committed no error in refusing the instructions tendered.</p>