State v. White

In an exercise of the Court’s plenary power, Idaho Const. art. 5, § 9; State v. Lewis, 96 Idaho 743, 356 P.2d 738 (1975), we review on appeal the trial court’s dismissal of a kidnapping felony information against defendant Russell Lee White. The order of dismissal followed upon the remittitur of this same action after a judgment of conviction against defendant was reversed by this Court, State v. White, 97 Idaho 708, 551 P.2d 1344 (1976). The underlying facts of the case, as developed at trial, are set forth in that opinion.

The trial court’s order dismissing the information was entered…