State v. St. Clair

Citations

• 6 Idaho 109
• 53 P. 1
• 1898 Ida. LEXIS 24

Syllabus

<p>Criminal Law — Continuance Over Term. — Where an application for a continuance of the trial over the term is based upon the absence of witnesses, and the state offers to admit that if present the witnesses would testify as set forth in the affidavit upon which the application for a continuance is based, it is not error in the trial court to refuse the continuance. (Territory v. Guttvrie, 2 Idaho, 398.)</p> <p>Same — Change op Venue. — The granting of a change of venue in a criminal ease is largely in the discretion of the trial court, and where such application is based solely upon the affidavit of the defendant, the action of the trial court in refusing a change of venue will not be interfered with.</p> <p>Same — Information—Describes Deceased as John Doe. — Where the information for murder described the deceased as one John Doe, whose true name was unknown to the district attorney who filed the indictment, and on the trial it was proven that the name of the deceased was John L. Decker, there was no material variance. (Idaho Rev. Stats., sec. 7683.)</p> <p>When Questions will not be Considered. — Where the record shows no evidence in the court below upon the question of the insanity of the defendant, this court will not entertain or consider that question.</p> <p>(Syllabus by the court.)</p>