Bojack's, Inc. v. Department of Law Enforcement

ON DENIAL OF PETITION FOR-REHEARING

TAYLOR, Justice.

In its petition for rehearing the appellant again urges that the decision in LaVoie v. Commissioner of Law Enforcement, 87 Idaho 536, 394 P.2d 300 (1964), is controlling in this case. In support of this contention defendant calls attention to the fact that the minor to whom beer was sold in the LaVoie case was also a nonresident of this state, as appears from the testimony in that case. However, the issue as to the application of regulation 7-B to nonresidents was not raised or considered either by the trial court or by this court in the…