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ASKEW v. STATE

No. 6889.

513 P.2d 441 (1973)

Gary ASKEW, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

August 21, 1973.

Attorney(s) appearing for the Case

Gary A. Sheerin, State Public Defender, Carson City, for appellant.

Robert List, Atty. Gen., Carson City, Charles Waterman, Dist. Atty., Hawthorne, for respondent.

OPINION

PER CURIAM:

Appellant, charged with two counts of attempted murder (NRS 200.010, NRS 208.070), was convicted of two counts of battery with intent to kill (NRS 200.400(3)). He asks us to reverse the conviction because (1) the trial court refused to give the jury his requested instruction defining attempted murder and, (2) both attempted murder and battery with intent to kill are identical crimes and since different penalties1

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