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RUFENER v. SHAUD

Nos. 12262, 12263.

573 P.2d 142 (1977)

98 Idaho 823

Ernest RUFENER and Griselda Rufener, Applicants-Appellants, v. Russell C. SHAUD, Magistrate, Fifth Judicial District, State of Idaho, Respondent.

Supreme Court of Idaho.

Rehearing Denied January 30, 1978.

Attorney(s) appearing for the Case

James J. May of May, May, Sudweeks & Fuller, Twin Falls, for applicants-appellants.

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

DUNLAP, District Judge (Ret.)

Defendants-appellants Ernest and Griselda Rufener were charged by criminal complaint with first degree murder, kidnapping, and embezzlement. Preliminary hearing was held and magistrate Granata bound the defendants over on involuntary manslaughter and false imprisonment rather than first degree murder or kidnapping. The prosecuting attorney filed an appropriate information against each defendant in district court, but later each information...

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