STATE v. HUSTON

No. 17951.

828 P.2d 301 (1992)

121 Idaho 738

STATE of Idaho, Plaintiff-Respondent, v. Clinton Lloyd HUSTON, Defendant-Appellant.

Supreme Court of Idaho, Boise, April 1991 Term.

February 24, 1992.


Attorney(s) appearing for the Case

Carol L. Shephard, Ketchum, for defendant-appellant.

Jim Jones, Atty. Gen., and James E. Leuenberger, Deputy Atty. Gen., Boise, for plaintiff-respondent. James E. Leuenberger argued, Boise.


ON REHEARING

BISTLINE, Justice.

The facts of the case are as follows: Clinton Huston and his wife Vicki Huston were in the midst of divorce proceedings instituted by Vicki. On May 18, 1988, the Hustons agreed to talk to each other. Clinton's car was not working, so Vicki picked him up and they drove to a canyon outside of Bellevue. They got out of the car and walked some distance up the canyon through underbrush and branches, then sat down and continued...

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