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STATE v. MEINHART

No. 16421.

617 P.2d 355 (1980)

The STATE of Utah, Plaintiff and Respondent, v. David MEINHART, Defendant and Appellant.

Supreme Court of Utah.

September 2, 1980.

Attorney(s) appearing for the Case

Lynn R. Brown of Salt Lake Legal Defender's Ass'n, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Robert R. Wallace, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

WILKINS, Justice:

Defendant David Meinhart was convicted by a jury of aggravated assault pursuant to § 76-5-103, Utah Code Ann., 1953, as amended, and sentenced to serve an indeterminate term not to exceed five years in the Utah State Prison. He appeals.

The information charged that on May 30, 1978, defendant assaulted Angela Janda, then age two years, by "such means and force likely to produce death or serious...

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