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STATE v. BEDWELL

No. 8162.

286 P.2d 641 (1955)

STATE of Idaho, Plaintiff-Respondent, v. Theoadore Delores BEDWELL, Defendant-Appellant.

Supreme Court of Idaho.

July 18, 1955.

Attorney(s) appearing for the Case

Charles J. Kiblen and Tom Felton, Moscow, for appellant.

Graydon W. Smith, Atty. Gen., John R. Smead, Asst. Atty. Gen., Melvin J. Alsager, Moscow, for respondent.

SMITH, Justice.

Oscar Bailey owned and operated Bailey's Tavern in Bovill, Idaho, for a time prior to and on August 23-24, 1953. He had hired Frank Wilson as a night watchman to watch the place, as it had been broken into twice.

The tavern's rear door had glass in the upper portion protected by bars of ¾ inch pipe. The drop or step-down, outside the rear door was about nine inches below the level of the tavern...

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