Idaho Supreme Court June 28, 1978, 11988, 12070 (State v. Wagenius)

DONALDSON, Justice,

concurring and dissenting.

I dissent from Part V of the majority opinion. My brethren in the majority have departed from their normally rational temperament and here employ a limited and technical construction of I.C. § 18-3107 and § 18-3108.

The majority reverses in Part V based on its interpretation of the requirements of 1.C. § 18-3107 as defined by I.C.