State v. Collins

Idaho Supreme Court

State v. Collins

38 P. 38, 4 Idaho 184, 1894 Ida. LEXIS 32

CourtIdaho Supreme Court

DecidedOctober 29, 1894

StatusPublished

Cited by6 cases

This text of 38 P. 38 (State v. Collins) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Collins, 38 P. 38, 4 Idaho 184, 1894 Ida. LEXIS 32 (Idaho 1894).

Pincite

Opinion

SULLIVAN, J.

The respondent was arrested and tried for the crime of assault with intent to commit murder, and convicted of the crime of assault with, a deadly weapon, whereupon a motion in arrest of .judgment was made, and sustained by the court, from which order this appeal was taken. The ground of the motion in arrest of judgment was that the court bad no jurisdiction to try the defendant, for the reason that the law had not been complied with in his arrest and preliminary examination. The facts as to the arrest and preliminary examination are substantially the same as the facts in State v. Clark, ante, p. 7, 35 Pac. 710, and on the authority of that case the judgment of the trial court on said motion ought to be reversed, and it is so ordered.

Huston, C. J"., and Morgan, J., concur.

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SULLIVAN, J.

The respondent was arrested and tried for the crime of assault with intent to commit murder, and convicted of the crime of assault with, a deadly weapon, whereupon a motion in arrest of .judgment was made, and sustained by the court, from which order this appeal was taken. The ground of the motion in arrest of judgment was that the court bad no jurisdiction to try the defendant, for the reason that the law had not been complied with in his arrest and preliminary examination. The facts as to the arrest and preliminary examination are substantially the same as the facts in State v. Clark, ante, p. 7, 35 Pac. 710, and on the authority of that case the judgment of the trial court on said motion ought to be reversed, and it is so ordered.

Huston, C. J"., and Morgan, J., concur.

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Bluebook (online)

38 P. 38, 4 Idaho 184, 1894 Ida. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-collins-idaho-1894.

Opinion

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