State v. Watkins

Citations

• 7 Idaho 35
• 59 P. 1106
• 1900 Ida. LEXIS 9

Syllabus

<p>Criminal Law — Amending Record After Judgment. — Where the record of the trial of a defendant for a felony shows the presence of the defendant at arraignment, during the trial, and at the pronouncing of sentence, but, through inadvertence of the clerk, fails to show defendant’s presence at the receiving of the verdict, the correction of the record after judgment and appeal, so as to make the same accord with the fact, by the district court, held, not error.</p> <p>Instructions — Prejudicial Error — Presumptions.—Where none of the evidence upon the trial appears in the record, an instruction that might, in certain conditions of the evidence, be considered erroneous, this court will not presume the evidence in the ease to have been of such a character as to make the giving of such instruction prejudicial error.</p> <p>(Syllabus by the court.)</p>