STATE v. McNITT

No. 89-06.

451 N.W.2d 824 (1990)

STATE of Iowa, Appellee, v. Robert D. McNITT, Jr., Appellant.

Supreme Court of Iowa.

As Corrected March 16, 1990.


Attorney(s) appearing for the Case

Raymond E. Rogers, State Appellate Defender, and B. John Burns, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., and Michael P. Short, Co. Atty., for appellee.

Considered by LARSON, P.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.


SNELL, Justice.

A jury convicted Robert D. McNitt of committing sexual abuse in the third degree in December of 1988. The crime occurred during a paternity dispute and argument about adoption of the victim's child. At the close of evidence, McNitt objected to the jury instructions proposed by the district court, and argued that the crime of assault with intent to commit sexual abuse should also be submitted as a lesser-included offense of sexual abuse in the third...

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