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STATE v. BARNEY

No. 10162.

448 P.2d 195 (1968)

92 Idaho 581

STATE of Idaho, Plaintiff-Appellant, v. Dean BARNEY, Defendant-Respondent.

Supreme Court of Idaho.

December 6, 1968.

Attorney(s) appearing for the Case

Allan G. Shepard, Atty. Gen., and Roger B. Wright, Deputy Atty. Gen., Boise, Roy E. Mosman, Pros. Atty., Lewiston, for plaintiff-appellant.

Jerry V. Smith, Lewiston, for defendant-respondent.

SPEAR, Justice.

On August 7, 1967, Dean Barney was charged by Roy E. Mosman, prosecuting attorney for Nez Perce County, with violation of I.C. § 34-104, an indictable misdemeanor entitled, "Publication or distribution of campaign literature of candidate to bear names of group responsible." The section provides:

"It shall be unlawful to print, permit to be printed, publish or distribute, or cause to be published or distributed, and to transport or cause...

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