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STATE v. BIRRUETA

No. 12168.

570 P.2d 868 (1977)

98 Idaho 631

The STATE of Idaho, Plaintiff-Respondent, v. Jesus Gonzalez BIRRUETA, aka Jesus Birrueta Gonzalez, Defendant-Appellant.

Supreme Court of Idaho.

October 27, 1977.

Attorney(s) appearing for the Case

Robert P. Tunnicliff, Moscow, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., William E. Little, Asst. Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

Jesus Gonzalez Birrueta was drinking in a bar in Marsing, Idaho on the evening of August 18, 1975. He had been drinking heavily all day. At about 1:00 a.m. he left the bar and walked out into the parking lot where he got into an argument, pulled out a pistol and shot and killed two men. He was arrested for murder and counsel was appointed.

Birrueta was given a preliminary hearing and bound over to district court. Upon arraignment in district court...

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