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STATE v. ATKINSON

No. 20416.

864 P.2d 654 (1993)

124 Idaho 816

STATE of Idaho, Plaintiff-Respondent, v. Melvin J. ATKINSON, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied January 6, 1994.

Attorney(s) appearing for the Case

Loveless, Neilsen & Neilsen, Pocatello, for appellant. Michael B. Nielsen, argued.

Larry EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for respondent. Michael A. Henderson, argued.

PERRY, Judge.

Melvin J. Atkinson was found guilty of aggravated battery. I.C. §§ 18-903(c) and 18-907(b). Atkinson made a motion for a mistrial pursuant to I.C.R. 29.1., which was denied by the district court. Atkinson appeals his conviction, claiming that certain testimony presented at trial warranted a mistrial. For the reasons stated below, we affirm.

FACTS AND PROCEDURE

In May of 1992, Atkinson, along with four other men, climbed aboard...

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