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STATE v. SMITH

No. 17136.

786 P.2d 1127 (1990)

117 Idaho 225

STATE of Idaho, Plaintiff-Respondent, v. Henry William SMITH, Jr., Defendant-Appellant.

Supreme Court of Idaho.

January 31, 1990.

Attorney(s) appearing for the Case

John C. Arkoosh, Gooding, for defendant-appellant.

Jim Jones, Atty. Gen., Michael A. Henderson (argued), Deputy Atty. Gen., Boise, for plaintiff-respondent.

JOHNSON, Justice.

This is a criminal case in which a father was convicted of lewd conduct with his ten-year-old daughter. There are three issues presented on this appeal:

1. Should the trial court have instructed the jury that they were not required to reach a verdict, but might be a "hung jury?"

We hold that the jury instructions were sufficient to advise the jury that they were not required to change their opinion simply to reach a verdict.

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