Territory v. Guthrie

Citations

• 2 Idaho 432
• 17 P. 39
• 1888 Ida. LEXIS 8

Syllabus

<p>Indictment — Accessary.—By our statutes all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, are treated as principals, and should be prosecuted and punished as such, yet if one who is in fact an accessary before the fact is indicted as such, this is not a defense of which the accused will be heard to complain.</p> <p>Indictment — Different Courts. — Under our practice, the indictment must charge but one offense, but the same offense may be set forth in different forms and under different counts. Held, that the indictment charging one defendant as principal and the other as an accessary before the fact charges but one offense.</p> <p>Continuance — Affidavit—Admission.—Where, in a criminal action, the defendant applies for a continuance on the ground of absent witnesses, and the prosecution admits that the witnesses, if present, would testify to the facts as stated in the affidavit, and that such evidence, if proper, be considered as actually given, the affidavit thereby becomes evidence, but not conclusive of its contents, and it is not error for the court after such admission to deny the continuance.</p> <p>Judgment — Void Sentence — Correction.—Where the indictment is good and no error appearing on the trial, but the sentence is void for uncertainty, the ^appellate court may remand the case to the court below, with directions to enter a proper judgment upon the verdict.</p> <p>(Syllabus by the court.)</p>