STATE v. MONAGHAN

No. 17751.

783 P.2d 311 (1989)

116 Idaho 972

STATE of Idaho, Plaintiff-Respondent, v. Francis MONAGHAN, Defendant-Appellant.

Court of Appeals of Idaho.

November 30, 1989.


Attorney(s) appearing for the Case

Gigray, Miller and Downen, Caldwell, for appellant. Ronald Joseph Wilper argued.

Jim Jones, Atty. Gen., Roger Lee Gabel, Deputy Atty. Gen., for respondent. Gabel argued.


SWANSTROM, Judge.

Francis Monaghan appealed from a magistrate's judgment finding he had committed the infraction of failure to yield to an emergency vehicle — a Canyon County Sheriff's vehicle. In its appellate capacity, the district court upheld the magistrate's judgment. The issue in this appeal is whether the state was required to prove, as an element of the infraction, that the warning lights and siren on the sheriff's vehicle met the statutory operating...

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