Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...facts and acts set forth in the eight subdivisions of said section; and to defeat such deed the adverse party must show the non-existence of such facts or some of them. 3. Under the laws of this state, two contiguous town lots, owned by the same person, may be jointly assessed, and one valuation fixed for said lots. Appeal from district court, Bannock county. Criminal La/w---Prelim1lna, ry E.vaminati0n, --Inf0r-mat-ion-Motion to Quaah--Larceny--Ownership. 1. Under the provisions of the constitution and statutes of this state, before a. defendant can be informed against for a criminal offense such criminal must either have had a preliminary examination upon such charge, or have waived the same, and, while the failure to aver such examination or its waiver in the information is not ground to support a motion to quash the information, we think such averment the better practice. 2. YVhere, in support of a motion to quash an information, defendant files an aflidavit wherein he states positively that he has never had an examination upon the charge preferred in the information, it is the duty of the prosecution to refute such affidavit by the production of the depositions taken upon the preliminary examination, or other competent proof, and, failing to do so, the motion to quash should be allowed. 3. YVhere the information alleges one C. to be the owner of the stolen property, and the proofs show that he was in possession of the property, as the agent of the real owner, with full power to sell or otherwise dispose of the same, held suflicient to uphold the allegation on the information. Appeal from district court, Ada county. Vo' Rosnxnnno nr AL. vs. PEBRAULT ET AL. (51 Pac. 774. January 10, 1898.) Community Property/--Sale by...