STATE v. WALL

No. 7779.

248 P.2d 222 (1952)

STATE v. WALL.

Supreme Court of Idaho.

July 23, 1952.


Attorney(s) appearing for the Case

Robert E. Smylie, Atty. Gen., Wm. H. Bakes, Asst. Atty. Gen., and Wm. D. McFarland, Prosecuting Atty., Coeur d'Alene, for appellant.

Harold S. Purdy, Coeur d'Alene, for respondent.

Davison & Davison and R. H. Copple, Boise, amici curiae.


TAYLOR, Justice.

The information charges the defendant with lewd and lascivious conduct under § 18-6607, I.C. The part of the charge with which we are concerned is as follows: "did then and there wilfully and lewdly commit a lewd and lascivious act upon or with the body of a minor child under the age of sixteen years, to-wit: Frederick Volavka of the age of ten years, with the intent of arousing, appealing to, or gratifying the lust or passion, or sexual desires...

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