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[DOWNLOAD] "State Idaho v. Syd Talmage" by Supreme Court of Idaho No. 13344 ~ eBook PDF Kindle ePub Free

State Idaho v. Syd Talmage

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eBook details

  • Title: State Idaho v. Syd Talmage
  • Author : Supreme Court of Idaho No. 13344
  • Release Date : January 31, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

This is an appeal from a judgment of conviction for first degree burglary, in violation of I.C. § 18-1401. The defendant appellant was apprehended inside a drug store in Cottonwood, Idaho. The State of Idaho filed a criminal complaint against the defendant appellant on June 26, 1978, charging him with the crime of burglary in the first degree. The defendant testified in his own behalf at his first trial on September 14, 1978, to the effect that a person whom he refused to identify had informed him of a store owner in Cottonwood, Idaho, and that upon contacting the store owner he was hired to break into the store and make it appear that someone had been searching, you know, mess the place up, go through things. On cross examination, however, the defendant, relying on the fifth amendment, refused to identify who had initially informed him of the job. The court ruled that the defendant had opened the subject on direct examination, that he had waived his right to remain silent and ordered the defendant to answer. When the defendant remained adamant in his refusal, the court proceeded with the trial, stating that the problem would be dealt with at the trial's Conclusion. The case was submitted to the jury, which returned to the courtroom after several hours of deliberation and reported that it was unable to reach a verdict. The court instructed the jury to deliberate further, but the jury again returned and the foreman reported that the jury was deadlocked and that further deliberations would be of no use. The court, on its own motion, declared a mistrial and subsequently set a second trial for October 16, 1978.


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