State v. Roe

Citations

• 19 Idaho 416
• 113 P. 461
• 1911 Ida. LEXIS 13

Syllabus

<p>Criminal Law — Proof of Pendency of Action — Secondary Evidence — Sufficiency of Evidence.</p> <p>(Syllabus by tbe reporter.)</p> <p>1. In a prosecution for conspiracy to influence a witness in a criminal action to leave tbe state and remain without tbe jurisdiction of the court, where it appears that tbe prosecuting attorney omitted to prove by primary evidence the pendency of such criminal action at and prior to tbe time tbe alleged conspiracy was entered into, but witnesses testified from their personal knowledge that such aetion was pending at that time, and counsel for appellant made no objection to the admissibility of such testimony on the ground of its being secondary evidence, such testimony is competent evidence of the pendency of such aetion.</p> <p>2. Held, that there is sufficient evidence in the record in this case to establish the fact that there was an action pending in the district court at and prior to the time that appellant and his codefendants conspired to secure the absence from the state of a witness in such aetion.</p>