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STATE v. HOLTRY

No. 12170.

559 P.2d 756 (1977)

98 Idaho 140

STATE of Idaho, Plaintiff-Appellant, v. Deo R. HOLTRY, Defendant-Respondent.

Supreme Court of Idaho.

January 27, 1977.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., P. Mark Thompson, Asst. Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Gordon S. Nielson, Sr. Deputy Atty. Gen., Boise, for plaintiff-appellant.

Kenneth F. White, Nampa, for defendant-respondent.

PER CURIAM.

Following a preliminary hearing, the defendant was bound over to stand trial on a charge of embezzlement. The district court dismissed the charges upon a motion by the defendant, pursuant to I.C. § 19-815A, alleging that the evidence produced at preliminary hearing was insufficient to sustain the magistrate court's determination that he should be bound over. The state appealed from the dismissal by the district court. This is not an appealable order...

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