(DOWNLOAD) "State Idaho v. Orval Edward Huggins" by Court of Appeals of Idaho No. 13512 " Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Orval Edward Huggins
- Author : Court of Appeals of Idaho No. 13512
- Release Date : January 13, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Orval Edward Huggins, Jr. was on trial for assault with intent to commit rape. At the close of the state's case Huggins moved to dismiss, urging, as one of his grounds, that the information failed to allege that Huggins and the complainant were not married at the time of the alleged assault. On the ground that the state failed to prove absence of marriage, the trial court granted the motion and the state moved, unsuccessfully, to reopen its case. The state appealed the order dismissing the information. We affirm the order. Initially, in its brief, the state raised three issues: (1) Was it reversible error of the trial court to conclude as a matter of law that sufficient evidence had not been presented by the state in its case-in-chief? (2) Was it reversible error to deny the state's request to reopen its case-in-chief after a motion to dismiss had been granted? (3) Would the constitutional protections involving double jeopardy prevent a retrial of Huggins on this charge, if the order of dismissal was set aside?
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