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STATE v. EMMONS

No. 10968.

495 P.2d 11 (1972)

94 Idaho 605

STATE of Idaho, Plaintiff-Respondent, v. Leland EMMONS, Defendant-Appellant.

Supreme Court of Idaho.

March 21, 1972.

Attorney(s) appearing for the Case

Gary L. Morgan of Gigray, Downen & Morgan, Caldwell, for defendant-appellant.

W. Anthony Park, Atty. Gen., Martin R. Ward, Deputy Atty. Gen., Boise, for plaintiff-respondent.

McFADDEN, Justice.

Appellant Leland Emmons appeals from his conviction of grand larceny as defined by I.C. § 18-4604(1).1 Appellant was tried before a jury which returned its verdict of guilty. The district court entered judgment of conviction on the verdict and sentenced the appellant to a term of imprisonment not to exceed five years.

The principal issue is whether the district court erred in not finding that the state's...

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