STATE v. GISSEL

No. 13921.

668 P.2d 1018 (1983)

105 Idaho 287

STATE of Idaho, Plaintiff-Appellant, v. Lester GISSEL, Conrad Gissel and Dave Lewis, Defendants-Respondents.

Court of Appeals of Idaho.

Petition for Review Denied October 5, 1983.


Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-appellant.

Thomas A. Mitchell, Coeur d' Alene, for defendants-respondents.


This Opinion Supersedes the Court's Prior Opinion Issued March 8, 1983, which is Withdrawn.

WALTERS, Chief Judge.

This is an appeal by the state from an order of the district court reversing judgments of conviction for criminal trespass, entered upon jury verdicts in the magistrate division. On appeal from the magistrate court, the district court held the evidence insufficient to show malice, as required by the trespass statute.

The state contends...

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