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PEOPLE EX REL. NEILSON v. WILKINS

No. 12893.

614 P.2d 417 (1980)

101 Idaho 394

The PEOPLE of the State of Idaho, ex rel., Gordon S. NEILSON, Special Prosecuting Attorney, Gooding County, State of Idaho, Plaintiff-Appellant, v. Donald J. WILKINS, Defendant-Respondent.

Supreme Court of Idaho.

July 23, 1980.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Warren Felton, Deputy Atty. Gen., Boise, for plaintiff-appellant.

Peter J. Boyd and Phillip M. Barber of Elam, Burke, Jeppesen, Evans & Boyd, Boise, for defendant-respondent.

BEEBE, Judge Pro Tem.

In June, 1976, defendant-respondent Wilkins filed a petition for election to the Gooding County Board of Commissioners from Commissioner District No. 1. After the primary, Wilkins was told he would have to live within District No. 1 to be eligible for the election. He thereafter swore under oath that he had moved to a location within the district, giving the address of an abandoned theater as his residence. He also voted in the precinct where...

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