STATE v. MARTINEZ

No. 9740.

439 P.2d 691 (1968)

92 Idaho 183

STATE of Idaho, Plaintiff-Respondent, v. Frank J. MARTINEZ, Defendant-Appellant.

Supreme Court of Idaho.

April 15, 1968.


Attorney(s) appearing for the Case

R.H. Young, Nampa, Wayne Fuller, Caldwell, for appellant.

Allan G. Shepard, Atty. Gen., and William D. Collins, Asst. Atty. Gen., Boise, for appellee.


SPEAR, Justice.

Frank J. Martinez, appellant herein, was charged with the second degree murder of one Michael Anthony Coburn, a 2-year 10-month old infant, on July 31, 1964. The infant had died from injuries allegedly inflicted by appellant's repeated kicking and striking of the deceased's body. Trial was held in June, 1965, and appellant was found guilty as charged.

At approximately 2 o'clock p.m. on July 31, 1964, an ambulance was summoned to the residence...

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