STATE v. BALLARD

No. 10365.

461 P.2d 250 (1969)

93 Idaho 355

The STATE of Idaho, Plaintiff-Respondent, v. Donald Gene BALLARD, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied December 10, 1969.


Attorney(s) appearing for the Case

Rayborn, Rayborn, Webb & Pike, Twin Falls, for appellant.

Robert M. Robson, Atty. Gen., and George C. Detweiler, Asst. Atty. Gen., Boise, for appellee.


SPEAR, Justice.

This is an appeal from a judgment of guilty and an order committing appellant to the state penitentiary following a plea of guilty by the defendant-appellant to the charge of burglary in the first degree. Actually the appeal is not taken from the appellant's plea of guilty or the resultant judgment. Instead it is taken from the sentence that was imposed by the court, appellant contending that, as a matter of law, he was entitled to probation on the...

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