State v. Hall

SMITH, Justice.

From a judgment of conviction in the Probate Court appellant appealed to the District Court where a trial de novo was had before a six-man jury. The instructions to the jury included the charging part of the complaint and the portion of I.C. § 18-4309 which reads:

“Every person who shall wilfully waste water for irrigation, or who shall wilfully open, close, change or disturb, or interfere with, any headgate or water box or valve measuring or regulating device, without authority, shall be guilty of a misdemeanor. * * * ”

On March 25, 1963, one Ray Blair filed a complaint in the…