STATE v. SUNDSTROM

No. 8225.

286 P.2d 640 (1955)

STATE of Idaho, Plaintiff-Respondent, v. Roy Frederick SUNDSTROM, Defendant-Appellant.

Supreme Court of Idaho.

July 27, 1955.


Attorney(s) appearing for the Case

Keane & Keane, Wallace, for appellant.

Graydon Smith, Atty. Gen., Edward J. Aschenbrener, Asst. Atty. Gen., Eugene F. McCann, Pros. Atty., Wallace, for respondent.


SMITH, Justice.

The information charges appellant with second degree murder. The jury returned its verdict of involuntary manslaughter, followed by entry of the judgment of conviction.

The trial court instructed the jury by Instruction No. 4, as follows:

"I instruct you that any fact which becomes material in a criminal prosecution may, as a rule, be established by circumstantial as well as direct evidence. Circumstantial evidence is often the only...

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