State v. Taylor

Citations

• 7 Idaho 134
• 61 P. 288
• 1900 Ida. LEXIS 22

Syllabus

<p>Criminal Law — Evidence—Prejudicial Remakes by Court — Reversible Error. — Where, on the trial of a defendant, upon a charge of murder, a witness testified that after the shooting, and when the defendant was some distance from the house where the shooting took place, “he [the defendant], took a shot at me” (the witness), in overruling an objection to the evidence, the court remarked that “the object of the admission of that testimony is to show the character, disposition and action of the defendant at that time as being evilly disposed toward some one.” Held, that both the admission of the testimony and remarks of the court were error. The coroner, being upon the witness stand, was asked by the prosecution if he held an inquest over the deceased, and the question being objected to by defendant, the court remarked in sustaining the objection: “1 sustain that. There was nothing mysterious about it. People knew who shot him. A coroner's inquest is only to find o.\\t how a person came to his death. If mown otherwise, they do not have to hold one.” Held, rever-eiror.</p> <p>(Syllabus by the court.)</p>