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STATE v. LINN

No. 10234.

462 P.2d 729 (1969)

93 Idaho 430

STATE of Idaho, Plaintiff-Respondent, v. Thomas Clark LINN, Defendant-Appellant.

Supreme Court of Idaho.

December 24, 1969.

Attorney(s) appearing for the Case

Robert F. McLaughlin, Mountain Home, for defendant-appellant.

Robert M. Robson, Atty. Gen., Mack A. Redford, Deputy Atty. Gen., Boise, Fred Kennedy, Pros. Atty. of Elmore County, Mountain Home, for plaintiff-respondent.

DONALDSON, Justice.

Thomas Clark Linn (defendant-appellant) was charged with First Degree Murder of Telesforo Garcia as the result of a shooting which occurred outside the Rendezvous Bar, Mountain Home, Idaho, on June 25, 1967. Garcia's brother had been playing Mexican music on a jukebox at the Rendezvous Bar. Linn turned the volume down and uttered a statement to the effect that he didn't like Mexicans. An argument ensued between Linn and the Garcias and Linn left...

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