[DOWNLOAD] "State Idaho v. Eldon Orin Williams" by Court of Appeals of Idaho No. 13946 " eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Eldon Orin Williams
• Author : Court of Appeals of Idaho No. 13946
• Release Date : January 21, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Eldon Williams stands convicted on two counts of second degree burglary, arising from separate incidents that occurred on the same day. The evidence at trial tended to connect Williams with a forced entry of a drug store in one instance, and with possession of recently stolen property from another drug store in the second instance. Upon this evidence the trial Judge charged the jury to make certain presumptions concerning Williams' intent and participation in the alleged burglaries. For reasons stated in the first part of our opinion, we hold that the jury was improperly instructed on presumptions, and that the judgment of conviction should be reversed. In the next section of our opinion we examine, for the purpose of remand, Williams' challenge to (a) the trial court's refusal to give requested instructions on circumstantial evidence and proof of a defendant's identity; (b) the admission of lay opinion testimony and of a particular exhibit; and (c) the sufficiency of evidence to justify a trial on one of the burglary charges. We do not reach another issue raised by Williams, regarding late disclosure of evidence by the prosecution, because it is mooted by our reversal and remand. In the final part of the opinion, we address the state's cross-appeal from dismissal of a persistent violator charge.

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