State v. Gumm

DONALDSON, Justice.

The state appeals three district court decisions at trial which led to an order dismissing a grand larceny prosecution against the defendant. As established by the record, the facts are as follows.

Avery Brewer owns a cabin at O’Mill, Idaho. On August 10, 1976, Brewer inspected this cabin subsequent to a tenant vacating it. Brewer noticed nothing missing at that time. The next day Brewer returned and found that the place had been burglarized. Brewer reported this to the County Sheriff who began an investigation. Pursuant to some leads, Deputy Raleston filed an affidavit fpr…