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MILLER v. CITY OF BOISE

No. 7596.

212 P.2d 654 (1949)

MILLER v. CITY OF BOISE et al.

Supreme Court of Idaho.

December 15, 1949.

Attorney(s) appearing for the Case

Robert E. Smylie, Attorney General, Glenn A. Coughlan, Asst. Atty. Gen., Boise, for appellants.

Walter M. Oros, Boise, Benjamin, F. Harrison, Boise, for respondent.

HOLDEN, Chief Justice.

February 28, 1948, James Miller was arrested for drunkenness and put in jail. On the same day he pleaded guilty to the charge and was fined twenty dollars by the Boise City magistrate, and on failure to pay was committed to jail. March 1, 1949, Miller, with other prisoners, under the supervision of a patrolman, moved furniture, for about two hours, from the old city hall to the new. At about half past three in the afternoon, Miller was being...

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