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STATE v. IRELAND

No. 11127.

447 P.2d 375 (1968)

22 Utah 2d 17

The STATE of Utah, Plaintiff and Respondent, v. Steven A. IRELAND, Defendant and Appellant.

Supreme Court of Utah.

December 2, 1968.

Attorney(s) appearing for the Case

David M. Bown, Salt Lake City, for defendant and appellant.

Phil L. Hansen, Atty. Gen., Gerald G. Gundry, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

The defendant was charged in the court below with the crime of assaulting a prison guard with malice aforethought.1 At the conclusion of the trial the jury returned the verdict finding the defendant guilty of assaulting a prison guard without malice an included offense.2 From the verdict and the judgment of the court sentencing the defendant to a further prison term the defendant appealed...

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