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STATE v. JOHNSON

No. 63103.

291 N.W.2d 6 (1980)

STATE of Iowa, Appellee, v. Harold M. JOHNSON, Appellant.

Supreme Court of Iowa.

April 23, 1980.

Attorney(s) appearing for the Case

Terry W. Guinan of Guinan & Cornell, Fort Dodge, for appellant.

Thomas J. Miller, Atty. Gen., Kathy A. Krewer, Asst. Atty. Gen., Monty L. Fisher, Webster County Atty., and Fredrick E. Breen, Asst. Webster County Atty., for appellee.

Considered en banc.

ALLBEE, Justice.

Defendant Harold M. Johnson, accused by trial information of sexual abuse in the third degree, and found guilty by a jury of assault while participating in a felony, appeals from his conviction. His appeal presents two issues. The first and crucial issue is whether assault while participating in a felony, a violation of section 708.3, Supplement to the Code 1977, is legally a lesser included offense of the crime of sexual abuse in the third degree...

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