State v. Hardy

Citations

• 4 Idaho 478
• 42 P. 507
• 1895 Ida. LEXIS 49

Syllabus

<p>Subdivision 4 of Section 7730 of the Revised Statutes Construed. — When defendant was arrested after finding of indictment, to avail herself of the benefits of subdivision 4 of section 7730 of the Revised Statutes it is incumbent that the facts set forth in her motion should be supported by proof, at least to the extent of defendant’s oath, or verification.</p> <p>Circumstantial Evidence — Verdict—Conflict of Testimony. — >■ When all the evidence in a criminal case, although circumstantial, “taken as a whole, and giving them their reasonable and just weight, and no more, to a moral, certainty exclude every other hypothesis except that of the guilt of the accused,” the verdict of the jury will not be disturbed on the ground of conflict of testimony.</p> <p>(Syllabus by the court.)</p>