STATE v. HORN

No. 12602.

610 P.2d 551 (1980)

101 Idaho 192

The STATE of Idaho, Plaintiff-Respondent, v. John HORN, Defendant-Appellant.

Supreme Court of Idaho.

April 21, 1980.


Attorney(s) appearing for the Case

Laird Stone, Boise, for defendant-appellant.

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


SCOGGIN, Justice Pro Tem.

Appellant Horn appeals from a conviction of kidnapping and robbery.

Before midnight on December 6, 1976, Horn left a party with Royer and McGinnis, all three were intoxicated. Shortly after midnight, Cartwright, a cabdriver, responded to a request for service in the vicinity of the party. He picked up three intoxicated men, one of whom he identified as Royer. According to Royer's testimony, McGinnis threatened Cartwright with a 9...

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