State v. Smith

Citations

• 5 Idaho 291
• 48 P. 1060
• 1897 Ida. LEXIS 17

Syllabus

<p>Ceiminal Practice — Bills of Exceptions. — A bill of exceptions in a criminal action will not be considered on appeal, unless notice of at least two days of the time and place that the bill of exceptions will be presented to the district judge is served upon the attorney of the adverse party, as required by section 7941 of the Revised Statutes.</p> <p>Same — New Trial — How and When to be Made. — An application for a new trial must be made, in a criminal action, within ten days? after verdict, and a notice of intention to move for a new trial is not an application for a new trial.</p> <p>Order DeNsiito New Trim, Whew Reviewed oh Appear. — An order denying the defendant a new trial in a criminal action will not be reviewed on appeal unless said order was excepted to by the defendant at the time such order was made, and duly incorporated •into a bill of exceptions duly settled as required by section 7944 of the Revised Statutes.</p> <p>(Syllabus by the court.)</p>