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STATE v. GOODMILLER

No. 9154.

386 P.2d 365 (1963)

STATE of Idaho, Plaintiff-Respondent, v. Gerald Max GOODMILLER, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied November 20, 1963.

Attorney(s) appearing for the Case

Elam, Burke, Jeppesen & Evans, Boise, for appellant.

Allan G. Shepard, Atty. Gen., R. La Var Marsh, Asst. Atty. Gen., Eugene C. Smith, Pros. Atty., Boise, for respondent.

TAYLOR, Judge.

June 23, 1960, an information was filed charging defendant (appellant) with the crime of burglary of the first degree, alleged to have been committed March 8, 1960. July 19, 1960, the information was dismissed on motion of the prosecuting attorney. The reason for the dismissal as set out in the motion was as follows:

"That the material witness for the State of Idaho, to-wit: Thomas Wayne Mertins, an accomplice with said Gerald Max Goodmiller...

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