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STATE v. MURPHY

Nos. 12473, 12474.

584 P.2d 1236 (1978)

99 Idaho 511

The STATE of Idaho, Plaintiff-Appellant, v. James P. MURPHY, Defendant-Respondent. The STATE of Idaho, Plaintiff-Appellant, v. Steve J. OLSON, Defendant-Respondent.

Supreme Court of Idaho.

October 3, 1978.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, James W. Blaine, Deputy Attys. Gen., Boise, for plaintiff-appellant.

Paul T. Clark of Blake, Feeney & Clark, Lewiston, for Murphy.

Manderson L. Miles, Jr., of Knowlton & Miles, Lewiston, for Olson.

DONALDSON, Justice.

Pursuant to I.C. § 19-2804(1), we review on appeal the district court's granting of defendants', Murphy and Olson, motions to dismiss the state's informations against them for delivery of a controlled substance, a felony, I.C. § 37-2732(a). The state filed these appeals on December 30, 1976. Idaho Code § 19-2804 was in effect at that time and applies to this appeal.

Idaho Code § 19-2804(1) allows the state to appeal...

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