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STATE v. BABB

No. 25479.

994 P.2d 633 (2000)

133 Idaho 890

STATE of Idaho, Plaintiff-Appellant, v. Lawrence Ray BABB, Defendant-Respondent.

Court of Appeals of Idaho.

February 9, 2000.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Ronaldo A. Coulter, Appellate Public Defender; Sara B. Thomas, Deputy Public Defender, Boise, for respondent. Sara B. Thomas argued.

PERRY, Chief Judge.

The state appeals from the district court's order granting Lawrence Ray Babb's motion for judgment of acquittal. For the reasons set forth below, we affirm.

I.

BACKGROUND

On October 27, 1998, two officers were dispatched to a reported family fight at an apartment complex in Moscow, Idaho. Within minutes, the officers arrived at the designated apartment. The resident informed the officers that he had just been in a fight...

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