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STATE v. SISTRUNK

No. 12075.

570 P.2d 866 (1977)

98 Idaho 629

The STATE of Idaho, Plaintiff and Respondent, v. Lee SISTRUNK and Larry Price, Defendants, and Ernest Cottrell, aka Ernest Cottress, Defendant and Appellant.

Supreme Court of Idaho.

October 27, 1977.

Attorney(s) appearing for the Case

Charles F. McDevitt, Public Defender, William J. Pauzauskie, Boise, for defendant and appellant.

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff and respondent.

PER CURIAM:

Defendant-appellant Ernest Cottress (also known as Cottrell) was charged with burglary in the first degree, petit larceny and battery. The State's case was that Price burglarized the safe at Albertson's on Fairview Avenue in Boise and that his accomplices, Sistrunk and Cottress, came to his defense in fighting off an employee who intervened to prevent Price from making away with the money. Sistrunk and Cottress portrayed themselves as innocent bystanders...

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