State v. Sam

Idaho Supreme Court

State v. Sam

542 P.2d 1168, 97 Idaho 249, 1975 Ida. LEXIS 399

CourtIdaho Supreme Court

DecidedDecember 10, 1975

DocketNo. 11727

StatusPublished

This text of 542 P.2d 1168 (State v. Sam) 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. Sam, 542 P.2d 1168, 97 Idaho 249, 1975 Ida. LEXIS 399 (Idaho 1975).

Pincite

Opinion

PER CURIAM:

Everett R. Sam was charged with the crime of voluntary manslaughter in the death of Henry Swirczynski, and the jury found him guilty of that charge. Judg[250]*250ment was entered, from which he appealed on the ground, among others, that the State of Idaho failed to establish proof of guilt beyond a reasonable doubt. The State, both in its brief and on oral argument before this court, confessed error and conceded the insufficiency of the evidence to sustain the conviction, and we agree. The judgment of the trial court is reversed and the cause is remanded with directions to dismiss the action. By reason of this reversal, the appellant’s other assignments of error become moot.

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PER CURIAM:

Everett R. Sam was charged with the crime of voluntary manslaughter in the death of Henry Swirczynski, and the jury found him guilty of that charge. Judg[250]*250ment was entered, from which he appealed on the ground, among others, that the State of Idaho failed to establish proof of guilt beyond a reasonable doubt. The State, both in its brief and on oral argument before this court, confessed error and conceded the insufficiency of the evidence to sustain the conviction, and we agree. The judgment of the trial court is reversed and the cause is remanded with directions to dismiss the action. By reason of this reversal, the appellant’s other assignments of error become moot.

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Bluebook (online)

542 P.2d 1168, 97 Idaho 249, 1975 Ida. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sam-idaho-1975.