STATE v. SILVA

Nos. 13762, 13831.

674 P.2d 443 (1983)

106 Idaho 14

STATE of Idaho, Plaintiff-Respondent, v. Horacio SILVA, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Rafael SILVA, Defendant-Appellant.

Court of Appeals of Idaho.

December 6, 1983.


Attorney(s) appearing for the Case

Larry C. Ashcraft, Mountain Home, for defendant-appellant Horacio Silva.

Francis H. Hicks, Mountain Home, for defendant-appellant Rafael Silva.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.


WALTERS, Chief Judge.

The nude body of a young woman was found by the side of a country road in Elmore County on the morning of February 3, 1979. Two brothers, Rafael and Horacio Silva, were arrested and charged with murder and rape, within a few days after discovery of the body. However, an autopsy report later indicated that the woman had died from acute alcohol intoxication. The state then amended the charges against the Silvas, by abandoning the homicide count...

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