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STATE v. McCOY

No. 12346.

605 P.2d 517 (1980)

100 Idaho 753

STATE of Idaho, Plaintiff-Respondent, v. Eugene L. McCOY, Defendant-Appellant.

Supreme Court of Idaho.

January 29, 1980.

Attorney(s) appearing for the Case

R.M. Whittier, Issac McDougall, of McDougall & Gardner, Pocatello, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, P. Mark Thompson, Deputy Attys. Gen., Boise, for plaintiff-respondent.

DONALDSON, Chief Justice.

A petition for rehearing filed by respondent State of Idaho was considered and denied. The previous opinion is withdrawn and the following opinion is substituted therefor.

The defendant-appellant, Eugene McCoy, was a Bingham County magistrate. He served in this position from 1971 to December 23, 1974. On December 23, 1974 a criminal complaint was filed against McCoy charging him with four counts of embezzlement pursuant to I.C. &...

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