[DOWNLOAD] "State Idaho v. James B. Polson" by Supreme Court of Idaho No. 9944 # eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. James B. Polson
• Author : Supreme Court of Idaho No. 9944
• Release Date : January 09, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

James B. Polson was convicted and adJudged guilty of assault with intent to murder, a felony,[Footnote 1] and of being a persistent
violator.[Footnote 2] He was sentenced to a term of 14 years imprisonment in the penitentiary for the crime of assault with
intent to murder, and to an additional 10 years on his conviction of recidivism. The charge arose out of a shooting incident
which occurred at a bar in Idaho Falls on the morning of May 2, 1966. Defendant was in the bar in company with one Joe Dunn.
The complaining witness Carl Holm was in the bar in company with one Don Fedder. All were long-standing acquaintances, but
apparently there was "bad blood" between defendant and Holm. The bartender was the only other eyewitness to the gunplay. Holm
and defendant both carried hand guns from which they exchanged shots at each other. During the exchange Fedder and defendant
were wounded. There was competent evidence, though conflicting, to indicate that defendant drew his gun and fired before Holm
retaliated. There was also evidence indicating that defendant instigated the fight, seeking to revenge a beating he had suffered
a day or two earlier at the hands of Holm. By his first assignment of error defendant urged that the court erred in entering a judgment of conviction upon the verdict
of the jury finding him guilty of "assault with intent to commit murder." Defendant's contention is that the crime of which
he was found guilty was not charged in the information. The information designates the crime charged as "Assault With a Deadly
Weapon With Intent to Murder." The information then sets out the commission of the crime as follows:

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