State v. Maheras

246 P. 304, 42 Idaho 544, 1926 Ida. LEXIS 98
Idaho Supreme Court·Decided May 28, 1926·Published

Opinion

PER CURIAM.

The Attorney General confesses error on the ground that after the cause was submitted to them for consideration the jury separated. The record shows that such was the situation and the prosecuting attorney made no counter-showing before the .trial court. Prejudice is thereby presumed. (C. S., sec. 9017; State v. Chacon, 36 Ida. 148, 209 Pac. 889.) Therefore the cause is reversed and remanded with instruction to grant a new trial.

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State v. Maheras, 246 P. 304, 42 Idaho 544, 1926 Ida. LEXIS 98 (Idaho 1926).

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Related

State v. Chacon
209 P. 889 (Idaho Supreme Court, 1922)