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STATE v. OWENS

No. 12272.

619 P.2d 787 (1979)

101 Idaho 632

STATE of Idaho, Plaintiff-Respondent, v. Dianne E. OWENS, Defendant-Appellant.

Supreme Court of Idaho.

On Rehearing November 18, 1980.

Attorney(s) appearing for the Case

Eli Rapaich, Lewiston, Gary E. Lofland, Boise, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Howard W. Carsman, Deputy Attys. Gen., Arthur J. Berry, Asst. Atty. Gen., Boise, for plaintiff-respondent.

BAKES, Justice.

Defendant appellant Dianne Owens ran a cattle ranch in 1974 and 1975 in the Upper Ford Creek Road area of Clearwater County, near Orofino, Idaho. In 1974 Mike and Jeannine Martin leased 160 acres of grazing land on Upper Ford Creek Road about 0.8 miles below Owens' ranch. In late October, 1974, the Martins brought their animals out of pasture from their Upper Ford Creek pasturage and discovered that a white faced, horned, brindle colored heifer cow...

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