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STATE v. STEVENS

No. 10294.

454 P.2d 945 (1969)

93 Idaho 48

STATE of Idaho, Plaintiff-Respondent, v. Donald R. STEVENS, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied June 23, 1969.

Attorney(s) appearing for the Case

A.A. Merrill, Idaho Falls, for appellant.

Allan G. Shepard, Atty. Gen., and Walter H. Bithell, Asst. Atty. Gen., Boise, Jack G. Voshell, Pros. Atty., Idaho Falls, for appellee.

McFADDEN, Chief Justice.

Donald Stevens, following trial and a jury verdict of guilty of the crime of attempted grand larceny, was adjudged guilty of the crime and sentenced to serve a term of not more than five years in the penitentiary. Defendant appealed from this judgment of conviction.

On the 30th of December 1967, at about 7:00 p.m., various Bonneville County police officers, assisted by a police officer of the city of Idaho Falls, and by a patrolman...

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