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SMITH v. STATE

No. 10882.

493 P.2d 394 (1972)

94 Idaho 536

Gary L. SMITH, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

January 24, 1972.

Attorney(s) appearing for the Case

Nels T. Sahl, St. Anthony, for plaintiff-appellant.

W. Anthony Park, Atty. Gen., Martin R. Ward, Deputy Atty. Gen., and James G. Reid, Asst. Atty. Gen., Boise, for defendant-respondent.

SHEPARD, Justice.

This is a companion case to that of Smith v. State, 94 Idaho 469, 491 P.2d 733, 1971. The petitioner herein is the same as in the earlier Smith case and the substance of this appeal is the same and is principally governed by the earlier Smith case. This appeal also results from a denial of a petition for post conviction relief and the petitioner is serving a sentence...

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