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STATE v. PENNELL

No. 15397.

701 P.2d 289 (1985)

108 Idaho 669

STATE of Idaho, Plaintiff-Respondent, v. Jerry PENNELL, Defendant-Appellant.

Court of Appeals of Idaho.

May 28, 1985.

Attorney(s) appearing for the Case

Michael E. Powers, Twin Falls, for defendant-appellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and A. Rene' Fitzpatrick, Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Jerry Pennell was tried on a charge of first degree murder. The prosecutor's Information essentially alleged that the victim died as a result of torture and prolonged acts of brutality during a beating administered by Pennell. The charge was made under I.C. §§ 18-4001 and -4003.1 The jury found Pennell guilty of a lesser offense, voluntary manslaughter. On appeal...

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