STATE v. BRUSSEAU

No. 11252.

532 P.2d 563 (1975)

96 Idaho 558

The STATE of Idaho, Plaintiff-Respondent, v. Robert Joseph BRUSSEAU, Defendant-Appellant.

Supreme Court of Idaho.

March 7, 1975.


Attorney(s) appearing for the Case

Owen L. Knowlton, Manderson L. Miles, Jr., of Knowlton & Miles, Lewiston, for defendant-appellant.

W. Anthony Park, Atty. Gen., Ronald D. Bruce, Asst. Atty. Gen., Boise, for plaintiff-respondent.


SHEPARD, Justice.

This is an appeal from a judgment of conviction of voluntary manslaughter. The principal issue is the claim of former jeopardy presented by the classic hornbook facts. Appellant Brusseau, upon a plea of guilty, was convicted of assault with intent to murder; approximately one month later the victim died and appellant was then charged with murder in the first degree.

On October 4, 1971 during an altercation in Lewiston, Idaho, defendant-appellant...

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