State v. Simpson

Idaho Supreme Court

State v. Simpson

173 P. 748, 31 Idaho 591, 1918 Ida. LEXIS 51

CourtIdaho Supreme Court

DecidedJuly 9, 1918

StatusPublished

Cited by1 cases

This text of 173 P. 748 (State v. Simpson) 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. Simpson, 173 P. 748, 31 Idaho 591, 1918 Ida. LEXIS 51 (Idaho 1918).

Pincite

Opinion

BUDGE, C. J.

This is an appeal from an instruction of the trial court advising the jury to find the defendant not guilty for the reason that the court deemed the evidence insufficient to warrant a conviction.

It was held by this court in a recent case that the giving of such an instruction “was clearly exercising a judicial discretion,” and that an appeal from such an instruction “presents no question which this court can rightfully review.” (State v. Murphy, 29 Ida. 42, 156 Pac. 908.)

Upon the authority of that case the judgment for defendant is affirmed.

Morgan and Rice, JJ., concur.

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