State v. Lyons

Citations

• 7 Idaho 530
• 64 P. 236
• 1901 Ida. LEXIS 12

Syllabus

<p>Homicide — Evidence of Flight. — When a party is charged with murder, evidence of flight is admissible, even though the homicide is-admitted.</p> <p>Same. — It may be shown in connection with other circumstances and facts immediately connected with the homicide to enable the jury to determine the condition of the mind of the party accused of the homicide at the time of flight.</p> <p>Same — Instruction.—An instruction as to the flight of the accused, where the homicide is¡ admitted, may be considered by the jury to determine the degree of crime charged.</p> <p>Impeachment — Leading Question on Impeachment. — It is not eiror to permit a leading question to -a witness called on impeachment, and then confine the cross-examination to the particular conversation.</p> <p>Instructions — Threats.—It is not error to sustain an objection to a question' of alleged threats, where it is not shown that the threats, were communicated to the accused prior to the time of the homicide.</p> <p>Refusal to Give Instructions Requested by Defendant. —When the court fully and accurately instructs the jury on all the issues Involved, it is not error to refuse defendant’s requests, even though, they may correctly state the law.</p> <p>(Syllabus by the court.)</p>