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STATE v. MISSENBERGER

No. 9328.

386 P.2d 559 (1963)

STATE of Idaho, Plaintiff-Respondent, v. Frank MISSENBERGER, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied November 26, 1963.

Attorney(s) appearing for the Case

Rulon R. Price, Idaho Falls, for appellant.

Allan G. Shepard, Atty. Gen., Thomas G. Nelson and R. La Var Marsh, Asst. Attys. Gen., Boise, Jack G. Voshell, Pros. Atty., Bonneville County, Idaho Falls, for respondent.

KNUDSON, Chief Justice.

Appellant was charged with the crime of assault with intent to commit murder (I.C. § 18-4015). He was tried and the jury returned a verdict finding appellant guilty of assault with a deadly weapon (I.C. § 18-906). Judgment was entered upon the verdict and this appeal is from said judgment.

Under appellant's assignment of error it is contended that "The verdict and judgment finding defendant guilty of assault with a deadly...

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