State v. Herr

DONALDSON, Justice.

Defendant-appellant Edward Herr was tried and convicted by a jury for the crime of lewd conduct with a minor child under sixteen, I.C. § 18-6607, and for the crime of kidnapping in the second degree, I.C. § 18-4501 and I.C. 18-4503. He was sentenced to serve three years at the Idaho State Penitentiary on each charge. At trial the following facts were adduced, principally from the testimony of the prosecutrix. The prosecutrix, age thirteen, resided with her mother and stepfather in Spokane, Washington. On September 28, 1974, a Saturday, she secured permission to go to the…