(DOWNLOAD) "State Idaho v. James P. Murphy" by 12474 Supreme Court of Idaho Nos. 12473 * eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. James P. Murphy
- Author : 12474 Supreme Court of Idaho Nos. 12473
- Release Date : January 03, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Pursuant to I.C. § 19-2804(1), we review on appeal the district court's granting of defendants', Murphy and Olson, motions to dismiss the state's informations against them for delivery of a controlled substance, a felony, I.C. § 37-2732(a). The state filed these appeals on December 30, 1976. Idaho Code § 19-2804 was in effect at that time and applies to this appeal. Idaho Code § 19-2804(1) allows the state to appeal [from] a judgment for the defendant on a demurrer to the indictment. Although I.C.R. 12(a) abolishes demurrers, this Court has held that the state can appeal under I.C. § 19-2804(1) from motions to dismiss which raise defenses and objections which were formerly grounds for demurrer. State v. Blair, 97 Idaho 646, 647, 551 P.2d 601 (1976); State v. Jennings, 95 Idaho 724, 727, 518 P.2d 1186, 1189 (1974).
 "State Idaho v. James P. Murphy" by 12474 Supreme Court of Idaho Nos. 12473 * eBook PDF Kindle ePub Free){kind=link}