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WHEELER v. SMITH

No. 11544.

529 P.2d 1293 (1974)

96 Idaho 421

John W. WHEELER and Collene Wheeler, husband and wife, Plaintiffs-Appellants, v. Larry SMITH and the State of Idaho, Defendants-Respondents, and Edgar Leo Jenkins, Defendant.

Supreme Court of Idaho.

December 20, 1974.

Attorney(s) appearing for the Case

Jay D. Sudweeks of May, May & Sudweeks, Twin Falls, for plaintiffs-appellants.

Peter C. Jenkins of Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, under appointment as Sp. Asst. Atty. Gen. by Atty. Gen. W. Anthony Park, for defendants-respondents.

BAKES, Justice.

On October 6, 1972, Edgar Leo Jenkins shot John W. Wheeler with a .38 caliber revolver in the presence of his wife, Collene Wheeler. John Wheeler was severely injured and required extensive medical treatment as a result of the wound which he received. The Wheelers brought suit against Jenkins, asking for judgment to be entered against him for damages arising out of John Wheeler's physical injuries and Collene Wheeler's emotional distress. They later...

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