State v. Reed

Citations

• 3 Idaho 554
• 32 P. 202
• 3 Hasb. 554
• 1893 Ida. LEXIS 6

Syllabus

<p>Practice — Appeal—Writ of Error. — Where the statutes fail to provide for an appeal from a final judgment of the district court to the supreme court, the supreme court will entertain a writ of error or other proper writ to bring such judgment before it for review, under the provisions of section 9 of article 5 of the state constitution.</p> <p>¡Same — In Criminal Cases. — The statutes of Idaho provide for the reviewing, on appeal, of an order of the district court, overruling an application for a change of place of trial in a criminal case. Such order, not being final, can only, under the provisions of the Penal Code, be reviewed on appeal from the final judgment.</p> <p>(Syllabus by the court.)</p>