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STATE v. PECK

No. 14137.

542 P.2d 1084 (1975)

STATE of Utah, Plaintiff and Respondent, v. Daniel L. PECK, Defendant and Appellant.

Supreme Court of Utah.

November 14, 1975.

Attorney(s) appearing for the Case

S. Rex Lewis, of Howard, Lewis & Petersen, Provo, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Salt Lake City, for plaintiff-respondent.

ELLETT, Justice:

The defendant appeals from his conviction of the crime of aggravated assault, a felony under our law. This charge, like most others under the new code, cannot be found in just one section of the statute. The charge in the information is found under two sections.

Section 76-5-1031 provides:

(1) A person commits aggravated assault if he commits assault as defined in section 76-5-102 and: (a) He...

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