State v. Halbesleben

LANSING, Chief Judge.

August and Jeanine Halbesleben were tried by jury and convicted of felony injury to a child. In this appeal, the Halbeslebens assert, among other things, that the indictment was inadequate to allege an offense and that the jury instructions did not correctly state the law. In light of the Idaho Supreme Court’s recent decision in State v. Young, 138 Idaho 370, 64 P.3d 296 (2002), addressing how the jury must be instructed regarding the mental element in felony injury to child cases, we vacate the conviction and remand for a new trial.

BACKGROUND

The following facts are…