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STATE v. DALLING

No. 21217.

911 P.2d 1115 (1996)

128 Idaho 203

STATE of Idaho, Plaintiff-Appellant, v. Jeffrey DALLING, Defendant-Respondent.

Supreme Court of Idaho, Boise, November 1995 Term.

February 21, 1996.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General, Boise, Michael A. Henderson, Deputy Attorney General, Boise, for appellant. Michael A. Henderson argued.

Nevin, Kofoed & Herzfeld, Boise; and Westberg, McCabe & Collins, Boise, for respondent. Thomas J. McCabe argued.

McDEVITT, Chief Justice.

The State of Idaho appeals from an order of the district court dismissing an indictment against Respondent, Jeffrey Dalling (Dalling). The district court held that the indictment was invalid on the ground that the grand jury returned the indictment after the grand jury's term had expired.

I.

BACKGROUND AND FACTS

The grand jury in this case was convened on October 13, 1992...

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