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STATE v. JOHNSON

Nos. 8202, 8570, 8574.

321 P.2d 599 (1958)

STATE of Idaho, Plaintiff-Respondent, v. Floyd JOHNSON, Defendant-Appellant. Application of Floyd JOHNSON for Writ of Review Coram Nobis. STATE of Idaho ex rel. Harold S. FORBUSH, Prosecuting Attorney of Teton County, State of Idaho, Petitioner, v. Preston THATCHER, District Judge of the Sixth Judicial District of the State of Idaho, in and for the County of Bingham, Respondent.

Supreme Court of Idaho.

February 6, 1958.

Attorney(s) appearing for the Case

Vernon K. Smith, James W. Blaine, Boise, for appellant Floyd Johnson and respondent Thatcher.

Graydon W. Smith, Atty. Gen., J. R. Smead, T. J. Jones, III, Asst. Attys. Gen., Harold Forbush, Prosecuting Atty., Driggs, for respondent, and petitioner State of Idaho.

TAYLOR, Justice.

Defendant was convicted of burglary of the first degree February 20, 1954. The trial was had in Bingham County in the Sixth Judicial District, on a change of venue from Teton County in the Ninth Judicial District, where the information was filed. After defendant's motion for a new trial was denied, judgment was entered May 12, 1954, that defendant be imprisoned in the state penitentiary for a period of not...

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