[DOWNLOAD] "State Idaho v. James P. Nastoff" by Court of Appeals of Idaho No. 20114 " Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. James P. Nastoff
- Author : Court of Appeals of Idaho No. 20114
- Release Date : January 27, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
LANSING, J. By this appeal we are called upon to determine the state of mind or " mens rea " necessary to establish criminal culpability
for malicious injury to property under I.C. § 18-7001. James P. Nastoff appeals from an order withholding judgment
upon a jury's verdict finding him guilty of felony malicious injury to property. He challenges the sufficiency of the evidence
to support the verdict, the district court's denial of his motion for acquittal and allegedly improper remarks made by the
prosecutor during closing argument. Because we conclude the state did not meet its burden to prove that Nastoff acted "maliciously,"
as is necessary for conviction under I.C. § 18-7001, we reverse.
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