STATE v. BIRRUETA

No. 12973.

623 P.2d 1292 (1981)

101 Idaho 915

The STATE of Idaho, Plaintiff-Respondent, v. Jesus Gonzalez BIRRUETA, also known as Jesus Birueta Gonzales, Defendant-Appellant.

Supreme Court of Idaho.

February 24, 1981.


Attorney(s) appearing for the Case

Kenneth F. White, Nampa, for defendant-appellant.

David H. Leroy, Atty. Gen., Lance DeWyn Churchill, Deputy Atty. Gen., Boise, for plaintiff-respondent.


McFADDEN, Justice.

Defendant-appellant, Jesus Gonzales Birrueta, was drinking at a tavern on an evening in August 1975 in Marsing, Idaho. After several hours of drinking at the bar, as well as heavy drinking earlier in the day, appellant left the bar around 1:00 a.m., in the company of two men. Outside the bar, appellant shot and killed the two men. Appellant was arrested and charged, and later pled guilty to two counts of second degree murder, which pleas were accepted...

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