State v. Brusseau

SHEPARD, Justice.

This is an appeal from a judgment of conviction of voluntary manslaughter. The principal issue is the claim of former jeopardy presented by the classic hornbook facts. Appellant Brusseau, upon a plea of guilty, was convicted of assault with intent to murder; approximately one month later the victim died and appellant was then charged with murder in the first degree.

On October 4, 1971 during an altercation in Lewiston, Idaho, defendant-appellant Brusseau shot one Mike Arriola. On October 13, 1971 Brusseau waived his right to a preliminary hearing and an information was lodged…