[DOWNLOAD] "State Idaho v. Dennis Marlar" by 10635 Supreme Court of Idaho Nos. 10588 # eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Dennis Marlar
• Author : 10635 Supreme Court of Idaho Nos. 10588
• Release Date : January 20, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Two appeals arising out of the prosecution of defendant-appellant Dennis Marlar, aka Denzil Marlar, were consolidated for
presentation to this court. The first involved the propriety of the district court's dismissal of appellant's original appeal
due to his alleged failure to diligently perfect the appeal; the second concerns the merits of appellant's conviction for
assault with a deadly weapon, specifically whether a telephone call allegedly made by appellant to the complaining witness
(Higgins) was erroneously admitted into evidence. Both parties agree that the motion to dismiss appellant's appeal was improperly granted by the district court. When the notice
of appeal is timely filed by the appellant, as was the circumstance here, the Supreme Court thereupon acquires jurisdiction
and the district court is divested of jurisdiction to render any orders in derogation of such appeal. See Stout v. Cunningham,
29 Idaho 809, 162 P. 928 (1917); Coeur d'Alene Turf Club, Inc. v. Cogswell, 93 Idaho 324, 329, 461 P.2d 107 (1969). Since
both parties are cognizant of this rule, and acquiesce to its application in the case at bar, we decline to comment further
on the issue of the propriety of the district court's dismissal of the appeal, stating only that such dismissal was error.

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