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STATE v. ELISON

No. 25451.

21 P.3d 483 (2001)

135 Idaho 546

STATE of Idaho, Plaintiff-Respondent, v. Michael Benjamin ELISON, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2000 Term.

March 19, 2001.

Attorney(s) appearing for the Case

Ronaldo A. Coulter, State App. Public Defender, Boise, for appellant. Richard J. Hansen argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent. T. Paul Krueger, II argued.

KIDWELL, Justice.

Michael Benjamin Elison appeals from the judgment of conviction entered pursuant to a jury verdict for the crime of involuntary manslaughter, pursuant to I.C. § 18-4006(2).

I.

FACTS AND PROCEDURAL HISTORY

In September of 1997, Michael Benjamin Elison was living in Filer, Idaho with his girlfriend, Jennifer Silver, and her two infant children. Silver's oldest child, Zachary, was

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