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STATE v. RORVICK

No. 8195.

277 P.2d 566 (1954)

STATE of Idaho, Plaintiff and Appellant, v. George RORVICK, Defendant and Respondent.

Supreme Court of Idaho.

December 8, 1954.

Attorney(s) appearing for the Case

Robert E. Smylie, Atty. Gen., J. R. Smead, Asst. Atty. Gen., J. Clinton Peterson, Asst. Atty. Gen., Boise, Jay H. Stout, Prosecuting Atty., Bingham County, Blackfoot, for appellant.

J. Blaine Anderson, Blackfoot, for respondent.

Arthur Lazarus, Jr., Richard Schifter, Washington, D. C., Theodore H. Little, Clarkston, Wash., Amici Curiae.

KEETON, Justice.

Respondent was charged in a criminal complaint filed in a Justice Court with the unlawful sale of beer, alleged to be an intoxicating liquor, to an Indian. The Justice sustained a general demurrer to the complaint. On appeal to the District Court of Bingham County, the District Judge likewise sustained a general demurrer and dismissed the proceeding. The State has appealed to this Court. The complaint charges:

"That George Rorvick of Fort...

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