State v. White

Citations

• 7 Idaho 150
• 61 P. 517
• 1900 Ida. LEXIS 30

Syllabus

<p>Criminal. Law — -Evidence—Deposition—Instructions.—It is not error to admit in evidence a deposition taken under the provisions of section- 7588 of the revised statutes in a criminal case. In a trial for assault with intent to murder, the neglect of the trial court to instruct the jury that they may find the defendant guilty of any lower offense included within the main charges cannot be sustained as error, where the record does not show that such a charge was requested by defend-ant. People v. Biles, 2 Idaho, 193, 6 Pac. 120, affirmed.</p> <p>(Syllabus by the court.)</p>