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STATE v. MADDOCK

No. 12083.

549 P.2d 269 (1976)

97 Idaho 610

STATE of Idaho, Plaintiff-Appellant, v. Clinton Lewis MADDOCK, Defendant-Respondent.

Supreme Court of Idaho.

April 27, 1976.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Gordon S. Nielson, Senior Deputy Atty. Gen., Boise, for plaintiff-appellant.

Hartwell H.K. Blake, Pocatello, for defendant-respondent.

PER CURIAM.

This is an attempted appeal by the state from an order of the district court granting defendant's motion to dismiss an information charging statutory rape.

This appeal is not within the purview of I.C. § 19-2804.1 While this Court may exercise its plenary power to consider appeals granted by Article 5, Section 9, of the Idaho Constitution, regardless of the limitations of I.C. § 19-2804, State v. Lewis...

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