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STATE v. BARLOW

No. 16113.

746 P.2d 1032 (1987)

113 Idaho 573

STATE of Idaho, Plaintiff-Appellant-Cross Respondent, v. Ferrell G. BARLOW, Defendant-Respondent-Cross Appellant.

Court of Appeals of Idaho.

December 1, 1987.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., by Shad D. Priest (argued) Deputy Atty. Gen., Boise, for plaintiff-appellant-cross respondent.

Ronald J. Jarman, Pocatello, for defendant-respondent-cross appellant.

BURNETT, Judge.

This case presents issues relating to the use of summarized evidence and to the proper standard for determining when the presentation of misleading evidence requires a new trial. These issues arise from the prosecution of F.G. Barlow for violating state sales tax laws. At trial, the court admitted testimony relating to an audit. After a jury found Barlow guilty, the judge decided that the testimony had been misleading. He ordered a new trial. The state...

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