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STATE v. HALL

No. 9450.

413 P.2d 685 (1966)

The STATE of Idaho, Plaintiff-Respondent, v. Adin HALL, Defendant-Appellant.

Supreme Court of Idaho.

April 19, 1966.

Attorney(s) appearing for the Case

Anderson, Kaufman & Anderson, Boise, for appellant.

Allan G. Shepard, Atty. Gen., Thomas G. Nelson, Deputy Atty. Gen., and James E. Scanlan, Asst. Atty. Gen., Boise, for respondent.

SMITH, Justice.

From a judgment of conviction in the Probate Court appellant appealed to the District Court where a trial de novo was had before a six-man jury. The instructions to the jury included the charging part of the complaint and the portion of I.C. § 18-4309 which reads:

"Every person who shall wilfully waste water for irrigation, or who shall wilfully open, close, change or disturb, or interfere with, any headgate or water box or valve measuring...

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