STATE v. VARGAS

No. 13098.

603 P.2d 992 (1979)

100 Idaho 658

The STATE of Idaho, Plaintiff-Respondent, v. David VARGAS, Defendant-Appellant.

Supreme Court of Idaho.

December 3, 1979.


Attorney(s) appearing for the Case

Klaus Wiebe, Ada County Public Defender and Alan E. Trimming, Boise, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas and Michael B. Kennedy, Deputy Attys. Gen., Boise, for plaintiff-respondent.

Before DONALDSON, C.J., SHEPARD and BAKES, JJ., and THOMAS and MAYNARD, JJ., Pro Tem.


PER CURIAM.

On April 13, 1978, defendant-appellant Vargas and Stephen Anderson engaged in a heated verbal exchange at an establishment in Boise, Idaho. Appellant then left the establishment, followed by Anderson. Outside, a confrontation took place which caused appellant to believe the two were about to "get it on." At that point, appellant obtained a pistol from a vehicle and, while advancing toward Anderson, asked if he were "ready to get into it." Anderson then...

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