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eBook details

• Title: State Idaho v. Duke Clarence Scroggins
• Author : Supreme Court of Idaho No. 9997
• Release Date : January 24, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Respondent Scroggins was adJudged guilty of the offense of assault with a deadly weapon. The district court granted him a new trial upon his motion therefor alleging prejudice to him arising from the jury's knowledge of a certain newspaper article and from asserted improper jury instructions. Appellant (plaintiff) State of Idaho has appealed from the order granting a new trial, assigning error committed by the trial court in entering the order, first, ""on the basis of an affidavit of a third party [respondent's counsel] as to the statements of members of the jury subsequent to the trial,"" and second, ""on the basis of Instructions Nos. 18 and 19 given to the jury."" It cannot be determined from the record whether the order granting the new trial was based upon either or both of the grounds advanced therefor. It is thus necessary to determine whether either constitutes a proper basis for the granting of a new trial.

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