STATE v. McCLELLAN

No. 11079.

532 P.2d 574 (1975)

96 Idaho 569

The STATE of Idaho, Plaintiff-Respondent, v. Harold D. McCLELLAN, Defendant-Appellant.

Supreme Court of Idaho.

February 3, 1975.


Attorney(s) appearing for the Case

John Hjellum, II, Boise, for defendant-appellant.

W. Anthony Park, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., James P. Kaufman, Asst. Atty. Gen., Boise, for plaintiff-respondent.


DONALDSON, Justice.

On July 27, 1971, the appellant, Harold McClellan, came home to the apartment complex he managed after an afternoon of drinking with two co-workers, Richard Lee Lewis and his father, both of whom also lived in the apartment complex. Appellant testified that he was not intoxicated.

Upon their arrival the deceased, Everett Kemano, a resident of the same complex, called the younger Mr. Lewis into Kemano's apartment to complain about the noise...

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