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SCHWARTZMILLER v. WINTERS

Nos. 12237, 12324.

576 P.2d 1052 (1978)

99 Idaho 18

Dean A. SCHWARTZMILLER, Petitioner-Appellant, v. Earl WINTERS, Sheriff of Elmore County Jail, Respondent. The STATE of Idaho, Plaintiff-Respondent, v. Dean A. SCHWARTZMILLER, aka Timothy Lewis, aka Tim Lewis, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied April 25, 1978.

Attorney(s) appearing for the Case

James L. Kevan of Hicks & Kevan, Mountain Home, for appellant.

Wayne L. Kidwell, Atty. Gen., David G. High, Asst. Atty. Gen., Boise, for respondents.

SHEPARD, Chief Justice.

This is an appeal from a conviction for lewd and lascivious conduct with a minor child. I.C. § 18-6607. Defendant-appellant was found guilty of having engaged in sexual contact with a minor male and was sentenced to eight years in the penitentiary. We reverse and remand the case for a new trial.1

A prosecutor's information charged appellant with lewd and lascivious conduct. A preliminary hearing was...

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