State v. Layman

Citations

• 22 Idaho 387
• 125 P. 1042
• 1912 Ida. LEXIS 35

Syllabus

<p>Misdemeanor — Intoxicating Liquors — Disposal op — Prohibition District — Preliminary Examination — Suppicienoy op Evidence— Discretion op Committing Magistrate — Reasonable and Probable Cause — Suppicienoy op Information — Instructions—Verdict — Sufficiency op Evidence to Support.</p> <p>(Syllabus by the court.)</p> <p>1. Held, that the committing magistrate did not abuse his discretion in requiring the defendant to appear for trial in the district court.</p> <p>2. It is not necessary for the committing magistrate to be convinced beyond a reasonable doubt that one accused of crime is guilty thereof, but if from all of the evidence he has reasonable or probable cause to believe, and does believe, that the accused is guilty, it is his duty to hold him for trial.</p> <p>3. Seld, that the information sufficiently charges the crime of which the defendant was eonvicted.</p> <p>4. Where counsel for defendant suggests to the court that the jury be permitted to take to the jury-room the session laws containing the sections of the statute under which the prosecution was had, and the court grants the request and declines to give in addition thereto instructions covering the sections of the statute referred to, held not error.</p> <p>5. Seld, that the evidence is sufficient to support the verdict.</p>