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STATE v. McKEEHAN

No. 9767.

430 P.2d 886 (1967)

STATE of Idaho, Plaintiff-Respondent, v. Clarence Edward McKEEHAN, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied September 7, 1967.

Attorney(s) appearing for the Case

Rapaich & Knutson, Lewiston, for defendant-appellant.

Allan G. Shepard, Atty. Gen. and John S. Simko, Asst. Atty. Gen., Boise, for plaintiff-respondent.

SPEAR, Justice.

Appellant Clarence Edward McKeehan has taken this appeal following conviction in the district court for Nez Perce County of the offense of aggravated battery. McKeehan was sentenced to a maximum indeterminate term of two years in the Idaho State Penitentiary.

The offense of which he was convicted is defined in I. C. § 18-912, as follows:

"An assault or battery committed under any of the...

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