STATE v. BRUHN No. 11256.

529 P.2d 1261 (1974)
96 Idaho 389

STATE of Idaho, Plaintiff-Appellant, v. Larry Charles BRUHN, Defendant-Respondent.

Supreme Court of Idaho.
December 4, 1974.
William H. Foster, Pros. Atty., Idaho County and Sp. Asst. Atty. Gen., Grangeville, for State.
No appearance for defendant-respondent.


The state has appealed from an order of the trial court entered at the close of its case in chief, the effect of which order was to grant the defendant's motions for judgments of acquittal on the charges of kidnapping in the second degree and rape.

This attempted appeal is not within the purview of I.C. § 19-2804,1 and hence, this appeal is dismissed. State v. Berlin, 95 Idaho 225, 506 P.2d 122 (1973); State v. Grady, 31 Idaho 272, 170 P. 85 (1918).


1. I.C. § 19-2804. "Appeal by the state. — An appeal may be taken by the state:


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