State v. Reed

Citations

• 3 Idaho 754
• 35 P. 706
• 1894 Ida. LEXIS 3

Syllabus

<p>Practice — Change of Place oe Trial. — A motion for change of place of trial must be predicated upon facts existing at the time the motion is made. Where a motion for a change of place of trial, once overruled, is renewed at a subsequent term, several months after that at which such motion was overruled, it will not be presumed, in the absence of any showing to that effect, that the sama conditions still existed.</p> <p>View of Premises Where Crime was Committed — Absence of Defendant no Ground for New Trial. — Where, upon the trial of a criminal case a view of the premises is directed upon motion of the defendant, and no request or expression of a desire upon his part to be present at such view is made, Ms absence from such view is not ground for a new trial.</p> <p>Liquors Furnished Jury — If not Excessive not Reversible Error. While the permitting of intoxicating liquors to be furMshed to a jury' engaged in the trial of a criminal case is strongly disapproved, except in cases of actual necessity, the indulgence therein to a limited extent under the direction of the judge of the trial court before the case is submitted is not, in the absence of any evidence of overindulgence in, or apparent effect from, the use of such liquor by or upon any member of the jury, deemed reversible error.</p> <p>(Syllabus by the court.)</p>