State v. Rooke

Citations

• 10 Idaho 388
• 79 P. 82
• 1904 Ida. LEXIS 49

Syllabus

<p>Demurrer to ' Information Overruled When — Application for Change of Venue Overruled When — Application for Continuance Overruled When — When Names of Witnesses Mat be Indorsed on Information — Swearing All Witnesses in a Bodt not Error — Sufficiency of Change of Ownership of Property— Statement of Prosecuting Attorney to Jury not Error When— Instructions of the Court Sufficient When — Verdict Sufficient When — Pule as to Testimony of Accomplices — Permitting Letter to Go to Juror not Error When,</p> <p>1. A demurrer to an information will be overruled wben it ebarges the unlawful and felonious taking of the property from the possession of the owner, naming Him, giving a description of the property, fixing time and venue.</p> <p>2. An application for change of venue will be denied when it is based on the ground of the bias and prejudice of the people of the county, where it is shown that an equal number of the citizens of the county testify that in their opinion a fair and impartial trial can be had in the county.</p> <p>3. It is not error to overrule an application for continuance when it is not sufficiently made to appear to the court that the evidence of the absent witnesses can be furnished at a future term of the court, or that the testimony of such witnesses is material to the defendant setting out in the affidavit for continuance what defendant expects to prove by such absent witnesses.</p> <p>4. Names of witnesses may be indorsed on the information at the beginning of the trial when it satisfactorily appears to the court that the prosecuting oflieer could not reasonably have asked such permission at an earlier time.</p> <p>5. It is not error to swear all witnesses in a body at the beginning of the trial.</p> <p>6. When the information charges that the property alleged to have been stolen was the property of O. W. Dunham, the proof shows that Charles Dunham was the owner thereof, and the verdict ■shows the property to have been that of C. W. Dunham, the va