State v. Wetter

Citations

• 11 Idaho 433
• 83 P. 341
• 1905 Ida. LEXIS 71

Syllabus

<p>Information Charging Murder — Application for Continuance — application to Take Depositions — Admissibility of Evidence— Insanity — Instructions.</p> <p>1. Where an information charges murder and a demurrer is filed which is overruled by the eourt, and no error is predicated on such ruling in this court, it will be treated as waived.</p> <p>2. Where an application for a continuance is filed and overruled by the court, it will only be reversed in this court where it is shown that there was an abuse of discretion in the eourt below.</p> <p>3. Where there is an application to take depositions outside of this state, and such application is denied by the lower court, and it further appears that the evidence sought to be procured would not change the result of the trial, the action of the lower eourt will not be disturbed. The granting or refusal of such application being within the discretion of the trial eourt, it will only be disturbed where it is shown that there has been an abuse of such discretion.</p> <p>4. Where a witness is asked a question that in itself is immaterial and no foundation is laid by which it may become material, a ruling sustaining the objection will be sustained.</p> <p>5. Where the defense is insanity, it is always brought into the case by the defendant, and until he furnishes such evidence of insanity- — at least sufficient to raise a question of doubt in the minds of tne jurors — the prosecution may rest upon the legal proposition that all men are supposed to be sane and legally responsible for their acts.</p> <p>6. Where it is shown that the instructions taken as a whole correctly state the law and are uniformly fair to the defendant, and that from the entire record no possible benefit could flow to the defendant from granting a new trial, the judgment will be sustained.</p> <p>(Syllabus by the court.)</p>