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STATE v. HOWLEY

No. 20985.

920 P.2d 391 (1996)

128 Idaho 874

STATE of Idaho, Plaintiff-Appellant, v. Michael D. HOWLEY, aka Skip, and Charles Allen Kelly and Joy Ellen De-Sanctis, aka Joy Ellen DiStefano, and Carmine J. DeSanctis, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 1996 Term.

June 21, 1996.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; and Daniel Goldberg (argued), Special Deputy Attorney General, Boise, for appellant.

Wiebe and Fouser, Caldwell; Nevin, Kofoed & Herzfeld, Boise; Ellison M. Matthews, Boise, for respondents. David Z. Nevin argued.

McDEVITT, Chief Justice.

This is a criminal case on interlocutory appeal regarding the State's motion in limine to disallow the defense of necessity. The State filed this interlocutory appeal, arguing that the district court erred in denying its motion in limine on the grounds that the elements for the defense of necessity were not supported by the record and transcript which have been presented, pursuant to stipulation, on appeal. We reverse the district court's...

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