STATE v. CYPHER

No. 9749.

438 P.2d 904 (1968)

STATE of Idaho, Plaintiff-Respondent, v. David James CYPHER, Robert William Mueller, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied April 16, 1968.


Attorney(s) appearing for the Case

James Annest, Burley, Cauley, Birsic & Clarke, Pittsburgh, Pa., for appellants.

Allan G. Shepard, Atty. Gen., and Daniel A. Slavin, Asst. Atty. Gen., Boise, for respondent.


SMITH, Justice.

Appellants (defendants) each were charged by separate informations and were adjudged guilty of the crime of robbery. They appeal on several grounds, principally contending error committed by the trial court in refusing to dismiss the cases upon their plea of having been once in jeopardy, or in the alternative, in refusing to grant a change in venue, and a new trial.

The alleged crime occurred the evening of August 14, 1964, at Parish Motel...

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