MILLS v. HOLLIDAY

No. 10442.

480 P.2d 611 (1971)

94 Idaho 17

Warner C. MILLS, Commissioner of Law Enforcement, State of Idaho, Plaintiff-Respondent, v. James G. HOLLIDAY, Defendant-Appellant.

Supreme Court of Idaho.

February 1, 1971.


Attorney(s) appearing for the Case

Lloyd J. Walker, Twin Falls, for defendant-appellant.

Robert M. Robson, Atty. Gen., Martin R. Ward, Asst. Atty. Gen., Boise, for plaintiff-respondent.


McQUADE, Chief Justice.

James G. Holliday, defendant-appellant, was driving a pickup truck on the evening of April 12, 1968, near Shoshone, Idaho, when he was stopped by Officer Ronald Eggleston of the Idaho State Police. Officer Eggleston had observed appellant's vehicle weaving as it traveled upon the highway. Officer Eggleston spoke with the appellant, and upon being told by appellant that he was sleepy, advised appellant to stop and get some rest. The officer...

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