STATE v. McKENNA

No. 8480.

309 P.2d 206 (1957)

STATE of Idaho, Plaintiff-Respondent, v. Don McKENNA, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied April 15, 1957.


Attorney(s) appearing for the Case

Meek & Miller, Caldwell, for appellant.

Graydon W. Smith, Atty. Gen., Lloyd C. McClintick, Pros. Atty., Nampa, J. R. Smead, Asst. Atty. Gen., for respondent.


PORTER, Justice.

Appellant was convicted in the District Court of Canyon County of the crime of assault with intent to commit robbery. He has appealed to this court from the judgment of conviction.

The evidence on behalf of the State shows the facts hereinafter set out. On December 31, 1955, Marvin L. Williams, a retired laborer 75 years of age, was living alone in his cabin in Nampa. He had on his person more than $2,500 in cash which he had been carrying...

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