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STATE v. KEELY

Nos. 13167, 13168.

620 P.2d 284 (1980)

101 Idaho 711

STATE of Idaho, Plaintiff-Appellant, v. Zelma KEELY, Defendant-Respondent. STATE of Idaho, Plaintiff-Appellant, v. Dale KEELY, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied December 29, 1980.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Lynn E. Thomas, Lance Churchill, Deputy Attys. Gen., Boise, for plaintiff-appellant.

Eric T. Nordlof, Coeur d'Alene, for defendants-respondents.

PER CURIAM.

Defendants-respondents Dale and Zelma Keely were charged on October 6, 1977, with the felony of attempting to obtain money by false pretenses. The criminal complaint alleged that the defendants had attempted to obtain money from Travelers Insurance Company by means of false representations. The state presented circumstantial evidence applicable to three alternative theories of false representations: (1) defendants had reported a non-existent burglary,...

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