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STATE v. CROWE

No. 25419.

13 P.3d 1256 (2000)

135 Idaho 43

STATE of Idaho, Plaintiff-Respondent, v. Lance Ray CROWE, Defendant-Appellant.

Court of Appeals of Idaho.

November 9, 2000.

Attorney(s) appearing for the Case

Bonner County Public Defender; Brent C. Featherston, Deputy Public Defender, Sandpoint, for appellant. Brent C. Featherston argued.

Hon. Alan G. Lance, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

This is an appeal from a judgment of conviction for aggravated assault. We conclude that the defendant is entitled to a new trial because the jury was incorrectly instructed regarding the mens rea element of the offense.

FACTS AND PROCEDURAL HISTORY

Lance Ray Crowe was charged with aggravated assault under Idaho Code §§ 18-901(b) and -905(a), (b) for allegedly threatening to shoot his wife, Lorraine Crowe, with a...

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