State v. Neidermark

Idaho Supreme Court
State v. Neidermark, 35 Idaho 703 (Idaho 1922)
208 P. 232; 1922 Ida. LEXIS 92
Budge, Dunn, Lee, McCarthy, Rice

State v. Neidermark

Opinion of the Court

DUNN, J.

Appellant was convicted -of the crime of unlawfully possessing intoxicating liquor for sale for beverage purposes. He moved for a new trial, which the court denied, and he has appealed from the judgment and also from the order denying a new trial.

All of the errors assigned by appellant are grouped and discussed under the general proposition that the evidence is insufficient to support the verdict, but a careful reading of' the record shows this contention to be without merit. While there is a conflict, there is sufficient competent evidence to sustain the verdict. This brings the ease within the rule that “where there is a substantial conflict in the evidence, and there is sufficient competent evidence to sustain the verdict, such verdict will not be disturbed.” (State v. White, 33 Ida. 697, 197 Pac. 824; State v. Colvard, 33 Ida. 702, 197 Pac. 826; State v. Mox Mox, 28 Ida. 176, 152 Pac. 802; State v. Downing, 23 Ida. 540, 130 Pac. 461; State v. Silva, 21 Ida. 247, 120 Pac. 835.)

The judgment is affirmed.

Rice, O. J., and Budge, McCarthy and Lee, JJ., concur.

Reference

Full Case Name
STATE v. HENRY NEIDERMARK
Cited By
2 cases
Status
Published