State v. Villarreal

SHEPARD, Justice.

This is an appeal by the State from a ruling of the trial court which denied the admission of certain evidence during a trial of the defendant-respondent on a felony charge. Such an appeal is authorized under the provisions of I.C. § 19-2804.

Defendant Villarreal was charged with the crime of assault with a deadly weapon with intent to commit murder. At a preliminary hearing one Felix Roman, an eye witness to the shooting, was called as a witness and gave testimony. The defendant was bound over for trial before the district court. At the outset of the trial the State attempted…