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STATE v. BUSSARD

Nos. 16282, 16303.

760 P.2d 1197 (1988)

114 Idaho 781

STATE of Idaho, Plaintiff-Respondent, v. Roy BUSSARD, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. David MASON, Defendant-Appellant.

Court of Appeals of Idaho.

August 18, 1988.

Attorney(s) appearing for the Case

Paul R. Kroeger, Post Falls, for defendants-appellants.

Jim Jones, Atty. Gen., by Peter C. Erbland, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BURNETT, Judge.

These consolidated appeals present a troubling and recurrent question — whether persons accused of crimes should be convicted upon evidence relating to other crimes not charged. The question is raised here by Roy Bussard and David Mason. They were tried jointly in the district court of Kootenai County, where a jury found them guilty of committing two burglaries and related thefts. On appeal they assert that the trial judge erroneously admitted...

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