STATE v. HALL

No. 9151.

383 P.2d 602 (1963)

STATE of Idaho, Plaintiff-Respondent, v. Rodger HALL, Defendant-Appellant, and Emmett M. Spencer, Defendant.

Supreme Court of Idaho.

June 25, 1963.


Attorney(s) appearing for the Case

Frank M. Rettig, Jerome, George R. Kneeland, Ketchum, for appellant.

Frank L. Benson, Atty. Gen., William E. Swope, Asst. Atty. Gen., Boise, Cecil D. Hobdey, Sp. Pros. Atty., Gooding, for respondent.


TAYLOR, Justice.

Defendant (appellant) Rodger Hall was acquitted of a charge of murder of the first degree by a verdict of the jury in Gooding county dated December 8, 1960. By the information the murder was charged as follows:

"* * * that the said Rodger Hall, one Emmett M. Spencer and the said Mary Katherine Hampton on or about the 24th day of August, 1959 at a point near Tuttle in the County of Gooding, State of Idaho then and there being did then and...

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