STATE v. WARDEN

No. 12528.

592 P.2d 836 (1979)

100 Idaho 21

STATE of Idaho, Plaintiff-Respondent, v. John Wesley WARDEN, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied April 16, 1979.


Attorney(s) appearing for the Case

Michael L. Schindele, of Derr, Derr & Schindele, Boise, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., Arthur J. Berry, Asst. Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.


DONALDSON, Justice.

The state charged the defendant, John Wesley Warden, with the crime of assault with intent to murder for the alleged intentional shooting of Earl Huff with a handgun. The defendant was arrested in the late evening hours of October 24 or the early morning hours of October 25, 1976. At the preliminary hearing on November 3, 1976, the magistrate bound the defendant over to district court to stand trial for the crime charged. At the trial, the jury...

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