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STATE v. CUDD

No. 27002.

51 P.3d 439 (2002)

137 Idaho 625

STATE of Idaho, Plaintiff-Respondent, v. Jeffery Alan CUDD, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied August 8, 2002.

Attorney(s) appearing for the Case

Molly J. Huskey, Interim State Appellate Public Defender; Charles Isaac Wadams, Deputy Appellate Public Defender, Boise, for appellant. Charles Isaac Wadams argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

LANSING, Judge.

Jeffery Alan Cudd was convicted of aggravated assault for pointing an unloaded crossbow at a man. The principal issue presented on appeal is whether a crossbow that is unloaded constitutes a deadly weapon within the meaning of Idaho's aggravated assault statute.

I.

FACTUAL AND PROCEDURAL BACKGROUND

At approximately 8 p.m. on an April evening, a driver was stopped at an intersection in downtown Boise waiting for the traffic...

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