State v. Bedwell

SMITH, Justice.

Oscar Bailey owned and operated Bailey’s Tavern in Bovill, Idaho, for a time prior to and on August 23-24,1953. He had hired Frank Wilson as a night watchman to watch the place, as it had been broken into twice.

The tavern’s rear door had glass in the upper portion protected by bars of % inch pipe. The drop or step-down, outside the rear door was about nine inches below the level of the tavern floor. An alley, in which was an arc light, was situate to the rear of the lot location of the tavern.

The night of August 23, 1953, the tavern was closed for the night about 11:00…