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STATE v. BYERLY

No. 15285.

706 P.2d 1353 (1985)

109 Idaho 242

STATE of Idaho, Plaintiff-Respondent, v. Wayne Alan BYERLY, Defendant-Appellant.

Court of Appeals of Idaho.

September 9, 1985.

Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for defendant-appellant.

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

WALTERS, Chief Judge.

A jury found Wayne Byerly guilty of second degree burglary and grand theft. On appeal he raises two issues: (1) the district court should have dismissed the criminal information because the magistrate relied on inadmissible evidence in holding that there was probable cause that Byerly had committed the offense; and (2) after the jury indicated it was having difficulty reaching a verdict, the district...

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