STATE v. BRASHIER

No. 21599.

905 P.2d 1039 (1995)

127 Idaho 730

STATE of Idaho, Plaintiff-Respondent-Cross Appellant, v. Johnny Lynn BRASHIER, Defendant-Appellant-Cross Respondent.

Court of Appeals of Idaho.

October 30, 1995.


Attorney(s) appearing for the Case

Lloyd J. Webb (argued) and Curtis R. Webb, Twin Falls, for appellant.

Hon. Alan G. Lance, Attorney General; Myrna A.I. Stahman, Deputy Attorney General, Boise, and Catherine L. Derden (argued), Arkansas, for respondent.


LANSING, Judge.

Johnny Lynn Brashier appeals following his conviction for committing the infamous crime against nature, I.C. § 18-6605. In the district court he filed two motions to dismiss the charge. His first motion asserted that an element of the offense, the penetration of the victim, had not been proved at the preliminary hearing. Brashier's second motion sought dismissal for violation of his right to a speedy trial. Upon the denial of these motions, Brashier...

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