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STATE v. SWANSON

No. 86-1667.

423 N.W.2d 560 (1988)

STATE of Iowa, Plaintiff-Appellee, v. Robert Emil SWANSON, Defendant-Appellant.

Court of Appeals of Iowa.

March 23, 1988.

Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and B. John Burns, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., and Mark J. Zbieroski and Robert S. Glaser, Asst. Attys. Gen., for plaintiff-appellee.

Heard by HAYDEN, P.J., and SACKETT, and HABHAB, JJ.

SACKETT, Judge.

Defendant Robert Emil Swanson appeals his conviction of two counts of assault under Iowa Code section 708.2. The section provides "A person who commits an assault..., without the intent to inflict a serious injury upon another, and who causes bodily injury or disabling mental illness, is guilty of a serious misdemeanor." Defendant was charged with and tried on two counts of assault with intent to inflict a serious injury in violation of Iowa Code section...

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