STATE v. McFARLAND

No. 9577.

401 P.2d 824 (1965)

STATE of Idaho, Plaintiff-Respondent, v. Richard D. McFARLAND, Defendant-Appellant.

Supreme Court of Idaho.

May 4, 1965.


Attorney(s) appearing for the Case

Brauner & Fuller, Caldwell, for appellant.

Allan G. Shepard, Atty. Gen., M. Allyn Dingel, Jr., Asst. Atty. Gen., Boise, C. Robert Yost, Pros. Atty., Caldwell, for respondent.


TAYLOR, Justice.

On the evening of March 3, 1964, defendant (appellant) and his wife went out for an evening of dining and dancing. Defendant testified he had "two or three drinks" during the course of the evening and arrived home about 2:00 a. m. on the morning of March 4, 1964. Later that morning defendant drove to Nyssa, Oregon, and upon returning to Idaho at about noon stopped at a local bar on U. S. highway 30. In the bar he ordered two drinks and a ham sandwich...

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