STATE v. SWISHER

No. 14616.

672 P.2d 1054 (1983)

105 Idaho 724

STATE of Idaho, Plaintiff-Appellant, v. E. Joe SWISHER, Defendant-Respondent.

Supreme Court of Idaho.

November 23, 1983.


Attorney(s) appearing for the Case

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

Delbert W. Steiner, Lewiston, for defendant-respondent.


PER CURIAM.

The State challenges the district court's dismissal for delay in bringing the defendant to a second trial following a first trial which culminated in a jury's acquitting on two of four felony counts and an order of mistrial on the remaining two counts.

The State contends — not that the prosecutor made a sufficient showing of good cause to justify the delay attributable to the State and to the court — but that the trial court did not...

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