No. 13512.

648 P.2d 1135 (1982)

103 Idaho 422

STATE of Idaho, Plaintiff-Appellant, v. Orval Edward HUGGINS, Jr., Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied August 3, 1982.

Review Granted September 30, 1982.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Myrna Stahman, Deputy Atty. Gen., James F. Kile, Sp. Deputy Atty. Gen., Boise, for plaintiff-appellant.

Bert L. Osborn of Welch & Osborn, Payette, for defendant-respondent.


Orval Edward Huggins, Jr. was on trial for assault with intent to commit rape. At the close of the state's case Huggins moved to dismiss, urging, as one of his grounds, that the information failed to allege that Huggins and the complainant were not married at the time of the alleged assault. On the ground that the state failed to prove absence of marriage, the trial court granted the motion and the state moved, unsuccessfully, to reopen...

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