STATE v. WIGGINS

No. 11429.

536 P.2d 1116 (1975)

96 Idaho 766

The STATE of Idaho, Plaintiff-Respondent, v. Arthur Leroy WIGGINS, Defendant-Appellant.

Supreme Court of Idaho.

June 13, 1975.


Attorney(s) appearing for the Case

Jeff Stoker, Rayborn, Rayborn & Ronayne, Twin Falls, for defendant-appellant.

Wayne Kidwell, Atty. Gen., James W. Blaine, Deputy Atty. Gen., Gordon S. Nielson, Senior Deputy Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.


SHEPARD, Justice.

This is an appeal from a conviction of the offense of driving while under the influence of intoxicants and, since the defendant had been previously convicted of the same offense, a repeated offense, a felony. The sole question presented is whether the jury should have been informed of the previous conviction for the same offense. We reverse and remand for a new trial.

Appellant Wiggins was charged with, and pleaded not guilty to, the offense...

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