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State v. Potter

Citations

  • 6 Idaho 584
  • 57 P. 431
  • 1899 Ida. LEXIS 35

Syllabus

<p>Criminal Practice — Evidence—Depositions on Preliminary Examinations. — The admission as evidence, upon the trial of a person charged with a criminal offense, of the depositions of witnesses taken on the preliminary examination of sneh person upon such charge is not permissible under the statutes of Idaho. The Penal Code having prescribed the eases in which depositions taken on preliminary examinations may be used, the court is not authorized to extend the rule to cases other than so prescribed by statute.</p> <p>(Syllabus by the court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • depositions taken on preliminary examination by the state not to be used at all at the trial, because not expressly authorized by statute; the opinion ignores the common-law practice, § 1375 supra; this is in truth not a deposition at all, but testimony at a former trial
  • depositions taken on preliminary examination by the state not to be used at all at the trial, because not expressly authorized by statute; the opinion ignores the common-law practice, § 1375 supra; this is in truth not a deposition at all, but testimony at a former trial

Source: CourtListener parenthetical corpus (CC0).

Judges: Huston, Quarles, Sullivan

Read full opinion on CourtListener

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Cites

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