State v. Harness

Citations

• 11 Idaho 122
• 80 P. 1129
• 1905 Ida. LEXIS 29

Syllabus

<p>Statements of Prosecuting Officer — Verdict of Jury — Excessive Judgment.</p> <p>1. The prosecuting officer has the right and privilege in his plea to the jury to refer to the evidence, quoting therefrom, and urge upon the jury the truth or falsity of any evidence in the case.</p> <p>2. Under the provisions of section 8072, Revised Statutes, this court may affirm, reverse or modify a judgment of conviction, and where the evidence supports the verdict, the judgment pronounced on such /erdiet will not be reversed on the grounds that such sentence and judgment is excessive, the remedy in such ease being by way of modification of the judgment.</p> <p>3. In this case the extreme penalty of the law was inflicted on the defendant. Held, that under the facts disclosed in this ease such sentence and judgment was not excessive.</p> <p>(Syllabus by the court.)</p>