STATE v. SILCOX

No. 13376.

650 P.2d 625 (1982)

103 Idaho 483

STATE of Idaho, Plaintiff-Respondent, v. James Lee SILCOX, Defendant-Appellant.

Supreme Court of Idaho.

August 23, 1982.


Attorney(s) appearing for the Case

Louis L. Uranga, Boise, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Michael B. Kennedy, Deputy Atty. Gen., Boise, Thomas R. Cushman, Deputy Atty. Gen., Horseshoe Bend, for plaintiff-respondent.


McFADDEN, Justice.

On June 24, 1978, defendant James Lee Silcox attempted to place certain individuals under citizen's arrest. One of the individuals Silcox attempted to place under arrest, Leroy Burger, refused to acknowledge the arrest and fled the scene of the arrest. In the course of firing shots in the direction of Burger, Silcox shot Burger in the back. Silcox was subsequently charged with the offense of assault with a deadly weapon. I.C. § 18-906.

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