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BABCOCK v. NOH

No. 8777.

99 F.2d 738 (1938)

BABCOCK, Pros. Atty. of Twin Falls County, Idaho, et al. v. NOH.

Circuit Court of Appeals, Ninth Circuit.

October 19, 1938.

Attorney(s) appearing for the Case

Walters, Parry & Thoman, R. P. Parry, and J. P. Thoman, all of Twin Falls, Idaho, for appellants.

Frank L. Stephan and J. H. Blandford, both of Twin Falls, Idaho, for appellee.

Before WILBUR, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

On April 7, 1936, appellee was charged in the probate court of Twin Falls County, Idaho, with the offense of grazing sheep on a cattle range, in violation of Sec. 24-1607 of the Idaho Code.1 He appeared, entered a plea of not guilty, and interposed a demurrer on the ground that the criminal complaint failed to state facts sufficient to constitute a public offense and that the court had no jurisdiction over his person...

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