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STATE v. COLWELL

Nos. 19904, 19586.

861 P.2d 1225 (1993)

124 Idaho 560

STATE of Idaho, Plaintiff-Respondent, v. Dennis Gerald COLWELL, Defendant-Appellant.

Court of Appeals of Idaho.

July 14, 1993.

Attorney(s) appearing for the Case

Thomas A. Mitchell and John T. Mitchell, argued, Coeur d'Alene, for defendant-appellant.

Larry EchoHawk, Atty. Gen. and Douglas A. Werth, Deputy Atty. Gen., argued, Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Dennis Colwell was tried before a jury on one count of lewd conduct committed by a specific act of sexual intercourse with a thirteen-year old girl. The jury found him not guilty of lewd conduct but guilty of the "lesser included offense" of sexual abuse of a minor. Colwell moved for a new trial on the ground that the jury was permitted to find him guilty based on evidence of other crimes with which he had not been charged. The district court...

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