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STATE v. EISELE

No. 14520.

695 P.2d 420 (1985)

107 Idaho 1035

STATE of Idaho, Plaintiff-Respondent, v. George EISELE, Defendant-Appellant.

Court of Appeals of Idaho.

January 24, 1985.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

Before HUNTLEY, Acting C.J., and McFADDEN and TOWLES, Acting JJ., Special Panel.

HUNTLEY, Acting Chief Justice.

George Eisele was tried for aggravated battery after he discharged a shotgun up a stairway during a fight at a party on May 15, 1981. A woman at the party was hit in the buttocks and on the ankle by a ricocheting shot. The jury was instructed on aggravated battery and on what were stated to be the necessarily included offenses of battery, aggravated assault, and assault. The jury found Eisele not guilty of aggravated battery, but found...

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