(Download) "State Idaho v. Rory Brooks" by Court of Appeals of Idaho No. 13297 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Rory Brooks
- Author : Court of Appeals of Idaho No. 13297
- Release Date : January 07, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Rory Brooks appeals the conviction and his sentence to an indeterminate twenty-year term for murder in the second degree of Enrico Flory. He raises six issues. (1) He contends that venue of his trial should have been changed because of extensive pre-trial publicity. (2) He claims error in the admission of testimony concerning conspiracy to commit the murder. (3) He argues that the trial court erred in denying his motion for acquittal for failure of the state to prove corroboration of the testimony of an accomplice. (4) He cites error to the failure of the court to instruct the jury, as a matter of law, concerning the status of one of the witnesses as an accomplice. (5) He contends that prejudicial and misleading remarks were made by the prosecuting attorney in the opening statement to the jury, regarding the testimony expected to be given (but later recanted) by one of the state's witnesses. (6) He asserts that the trial court abused its discretion by imposing an indeterminate sentence of twenty years. We affirm the conviction and sentence. Enrico Flory, seventy-six years old, lived alone in a small, one-bedroom house on Bella Street in Boise's North End. He depended on his monthly Social Security check to meet his living expenses. Flory was well-known and well-liked, paying his monthly bills routinely, entertaining the neighborhood youth with his story telling, and caring for homeless cats. This latter practice earned him his nickname, Cat Man of Bella Street. On June 4, 1976, one of the neighborhood boys found him lying peacefully on the bed in his small house, dead of apparently natural causes. At least that was the county coroner's initial determination, because the body appeared to be resting in a natural state with no signs of foul play indicated.
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