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STATE v. DAMBRELL

Nos. 17619, 17647, 17852, 18604 and 18687.

817 P.2d 646 (1991)

120 Idaho 532

STATE of Idaho, Plaintiff-Respondent, v. William F. DAMBRELL, George T. Gabourie, Defendants-Appellants.

Supreme Court of Idaho, Lewiston, April 1991 Term.

August 19, 1991.

Attorney(s) appearing for the Case

Lempesis & Kroeger, P.A., Post Falls, for defendant-appellant Dambrell.

Fred Gabourie, Sr., and Charles B. Lempesis, argued, for defendant-appellant Gabourie.

Larry J. EchoHawk, Atty. Gen., Michael J. Kane, Deputy Atty. Gen., argued, Boise, for plaintiff-respondent.

JOHNSON, Justice.

This is a homicide case. Several issues are presented:

1. Were the defendants denied a fair trial because there were no American Indians on the jury panel and because the trial court denied their motion for change of venue? We hold that the defendants did not present a prima facie showing of a violation of the "fair-cross-section" requirement of the sixth amendment and that the trial court did not abuse its discretion in denying...

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