3 P. 10 | Idaho | 1884
Ah Too was indicted, tried, convicted, and sentenced at the November term of the district court, 1882, in Ada county, on an indictment for murder in the killing of Ah You. This appeal is taken from the judgment and from the ordér of
Upon the second branch of the case, to wit, that the verdict is contrary to the evidence, the court is of the opinion that the objection to the verdict is well taken. In coming to this decision we do not disregard or ignore the principle insisted upon by respondent, to wit, “where the evidence is conflicting, the verdict will not be set aside.” Upon an inspection of the evidence we are of the opinion that the case at bar does not come within the rule. As a result of the conclusion of the court will probably be a new trial in the court below, a discussion of the evidence here would be out of place.
The judgment of the court below is reversed, a new trial ordered, and the case is remanded to the district court, Ada county, second judicial district, Idaho territory, for further proceedings.