STATE v. SCROGGINS

No. 9997.

433 P.2d 117 (1967)

STATE of Idaho, Plaintiff-Appellant, v. Duke Clarence SCROGGINS, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied November 16, 1967.


Attorney(s) appearing for the Case

Allan G. Shepard, Atty. Gen., and Roger B. Wright, Deputy Atty. Gen., Boise, for appellant.

Clark & Lyon, Pocatello, for respondent.


SMITH, Justice.

Respondent Scroggins was adjudged guilty of the offense of assault with a deadly weapon. The district court granted him a new trial upon his motion therefor alleging prejudice to him arising from the jury's knowledge of a certain newspaper article and from asserted improper jury instructions.

Appellant (plaintiff) State of Idaho has appealed from the order granting a new trial, assigning error committed by the trial court in entering the order...

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