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STATE v. ALBERTSON

No. 10520.

470 P.2d 300 (1970)

93 Idaho 640

STATE of Idaho, Plaintiff-Appellant, v. Gerald W. ALBERTSON, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied June 22, 1970.

Attorney(s) appearing for the Case

Robert M. Robson, Atty. Gen., Martin R. Ward, Asst. Atty. Gen., and Ellison M. Matthews, Pros. Atty., Ada County, Boise, for appellant.

E. Don Copple, Boise, for respondent.

SHEPARD, Justice

This cause presents for decision the constitutionality of our Idaho statute requiring motorcycle riders to wear a helmet while operating a motorcycle upon a public street or highway.

Defendant (respondent here) was charged with and convicted in the Justice Court of Ada County of operating a motorcycle without a safety helmet contrary to the provisions of I.C. § 49-761A. Defendant appealed the...

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