88 P. 233 | Idaho | 1907
Lead Opinion
The defendant was prosecuted on information charged with the larceny of one horse, four mares and three colts, the property of Charles Anderson, and was convicted and sentenced to serve a term in the state penitentiary. He has appealed from the judgment and an order denying his motion for a new trial, and for a reversal thereof relies on
After receiving the telegram referred to, he immediately returned to Idaho and did not try to keep out of the jurisdiction of the court. But when he found that he did not have time to prepare for trial he was fearful that he would be convicted, and left the state. He went into business in British Columbia in his real name, and sent letters from there to his
Dissenting Opinion
Dissenting.
I agree with my associates to the extent that the evidence, independent of and aside from the proof of flight, would not be sufficient to support a verdict of conviction. The evidence of flight, however, is uncontradieted and undisputed. On the other hand, the defendant’s explanation of his flight fails to explain and was evidently unsatisfactory to the jury. While, as said by the majority opinion, the remarks made by the court and counsel may have frightened defendant, still the record fails to disclose any improper or prejudicial remark by either of them. To my mind, the explanation is very unsatisfactory, and, under the circumstances disclosed, I am unwilling to join in a reversal of the judgment.