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STUART v. STATE

No. 17014.

801 P.2d 1216 (1990)

118 Idaho 865

Gene Francis STUART, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho.

October 16, 1990.

Attorney(s) appearing for the Case

Robert E. Kinney, Orofino, for petitioner-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen. (argued), Boise, for respondent.

ON DENIAL OF PETITION FOR REHEARING

1990 Opinion No. 35, issued March 12, 1990, is hereby withdrawn and this opinion is substituted therefor.

BAKES, Chief Justice.

The appellant, Gene Francis Stuart, appeals the district court's denial of his petition for post conviction relief. Stuart was convicted of first degree murder by torture of three-year-old Robert Miller, committed on September 19, 1981. He was...

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