State v. Bilboa

— This cause was before this court upon a prior appeal, the opinion being reported in 33 Ida. 129, 190 Pae. 248, where a complete statement of the facts will be found. The judgment of the trial court was reversed, and the cause remanded, with instructions that further proceedings be had in accordance with the views expressed in the opinion. The basis of reversal was for error committed by the court in refusing to sustain appellant’s demurrer and in not requiring the state to elect upon which particular offense it would rely for a conviction. However, this court held that the failure to…