STATE v. ARIOSO

No. 56228.

218 N.W.2d 920 (1974)

STATE of Iowa, Appellee, v. Herbert Daniel ARIOSO, Appellant.

Supreme Court of Iowa.

May 22, 1974.


Attorney(s) appearing for the Case

O'Brien, Galvin & O'Brien, Sioux City, for appellant.

Richard C. Turner, Atty. Gen., David M. Dryer, Asst. Atty. Gen., Zigmund Chwirka, County Atty., for appellee.

Submitted to MOORE, C. J., and LeGRAND, REES, UHLENHOPP and McCORMICK, JJ.


LeGRAND, Justice.

A jury found defendant guilty of going armed with intent in violation of § 695.1, The Code. He was sentenced to a term of not more than five years in the penitentiary and appeals from that judgment. We affirm.

The only issue presented is alleged error for failure to instruct on the crime of assault with intent to do great bodily injury, which defendant claims is a lesser offense included within the one for which he was convicted. Since...

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