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State v. Holtry

Supreme Court of Idaho
Jan 27, 1977
559 P.2d 756 (Idaho 1977)

Opinion

No. 12170.

January 27, 1977.

APPEAL FROM DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT, ADA COUNTY, ALFRED C. HAGAN, J.,.

Wayne L. Kidwell, Atty. Gen., P. Mark Thompson, Asst. Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Gordon S. Nielson, Sr. Deputy Atty. Gen., Boise, for plaintiff-appellant.

Kenneth F. White, Nampa, for defendant-respondent.


Following a preliminary hearing, the defendant was bound over to stand trial on a charge of embezzlement. The district court dismissed the charges upon a motion by the defendant, pursuant to I.C. § 19-815A, alleging that the evidence produced at preliminary hearing was insufficient to sustain the magistrate court's determination that he should be bound over. The state appealed from the dismissal by the district court. This is not an appealable order under the provisions of I.C. § 19-2804. State v. Blair, 97 Idaho 646, 551 P.2d 601 (1976); State v. Jennings, 95 Idaho 724, 518 P.2d 1186 (1974); State v. O'Mealey, 95 Idaho 202, 506 P.2d 99 (1973). Although this court has on occasion entertained such appeals under the plenary power granted by Art. 5, Sec. 9, of the Idaho Constitution, see e.g., State v. Lewis, 96 Idaho 743, 536 P.2d 738 (1975), and State v. Tinno, 94 Idaho 759, 497 P.2d 1386 (1972), in this case we decline to do so. The appeal is dismissed.


Summaries of

State v. Holtry

Supreme Court of Idaho
Jan 27, 1977
559 P.2d 756 (Idaho 1977)
Case details for

State v. Holtry

Case Details

Full title:STATE of Idaho, Plaintiff-Appellant, v. Deo R. HOLTRY, Defendant-Respondent

Court:Supreme Court of Idaho

Date published: Jan 27, 1977

Citations

559 P.2d 756 (Idaho 1977)
98 Idaho 140

Citing Cases

State v. Zarate

Therefore, the state cannot appeal as a matter of right under the statute. State v. Holtry, 98 Idaho 140, 559…