STATE v. BABBITT

No. 18712.

815 P.2d 1077 (1991)

120 Idaho 337

STATE of Idaho, Plaintiff-Respondent, v. Laurence Melvin BABBITT, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied September 17, 1991.


Attorney(s) appearing for the Case

Thomas A. Mitchell, John T. Mitchell, Coeur d'Alene, for defendant-appellant.

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


WALTERS, Chief Judge.

Laurence Babbitt shot and killed Lee Elwell during a confrontation at the home of Babbitt's daughter in August, 1989. Babbitt was charged with second degree murder. Following trial by jury, the jury found Babbitt guilty of voluntary manslaughter. During the trial, the prosecutor was permitted — over Babbitt's objection — to present evidence of prior occasions where Babbitt had defended...

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