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DUMAINE v. STATE

No. 16654.

734 P.2d 1230 (1987)

Richard K. DUMAINE, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

March 31, 1987.

Attorney(s) appearing for the Case

Michael R. Specchio, Reno, for appellant.

Brian McKay, Atty. Gen., Carson City, William G. Rogers, Dist. Atty. and Archie E. Blake, Deputy, Yerington, for respondent.

OPINION

PER CURIAM:

This is an appeal from a verdict and judgment of conviction for one count of battery by a prisoner in lawful custody or confinement. See NRS 200.481(2)(e).

The appellant has been sentenced to eighteen months in the Nevada State Prison. Because we find that the facts proved are insufficient to establish the crime charged, we reverse.

Richard K. Dumaine, a forty-one-year-old carpenter, was driving his pickup truck...

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