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STATE v. JESSER

Nos. 10835, 10836.

501 P.2d 727 (1972)

95 Idaho 43

STATE of Idaho, Plaintiff-Respondent, v. George JESSER, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Tom GIBBS, Defendant-Appellant.

Supreme Court of Idaho.

September 25, 1972.

Attorney(s) appearing for the Case

Rayborn, Rayborn, Webb & Pike, Twin Falls, for defendants-appellants.

W. Anthony Park, Atty. Gen., C. Kent Taylor, Asst. Atty. Gen., Boise, for plaintiff-respondent.

McQUADE, Chief Justice.

These consolidated appeals raise issues as to the evidence and distinctions among larceny, embezzlement and obtaining property under false pretenses. Our disposition of the issues today supersedes but retains the substance of a previous, unreported decision of this Court. Points emphasized by the parties on rehearing are elaborated.

I

At trial the State established that in April,...

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