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STATE v. EUBANKS

No. 8234.

294 P.2d 273 (1956)

STATE of Idaho, Plaintiff-Appellant, v. John Borden Nicholas EUBANKS, Defendant-Respondent.

Supreme Court of Idaho.

February 23, 1956.

Attorney(s) appearing for the Case

Graydon W. Smith, Atty. Gen., J. Clinton Peterson and Elbert E. Gass, Asst. Attys. Gen., Blaine F. Evans, Pros. Atty., Boise, for appellant.

Francis H. Hicks, Thomas J. Jones, Jr., Boise, for respondent.

TAYLOR, Chief Justice.

By the prosecuting attorney's information the defendant is charged with the "crime of burglary in the second degree." The information contains the usual allegations except that there is no allegation therein as to whether the entry occurred in the day-time or nighttime. The defendant demurred specially as follows:

"That said information does not substantially conform to requirements of Section 19-1411, Idaho Code, in that information...

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