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STATE v. VERDIN

No. 16048.

595 P.2d 862 (1979)

STATE of Utah, Plaintiff and Respondent, v. Joseph VERDIN, Defendant and Appellant.

Supreme Court of Utah.

May 3, 1979.

Attorney(s) appearing for the Case

Joseph C. Fratto, Jr., Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., William W. Barrett, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

Defendant-Appellant ("Verdin") appeals from his felony conviction of aggravated assault under Section 76-5-103(b) of the Utah Criminal Code. The case was tried without a jury. Verdin does not contend that his right to trial by jury was in any way infringed. He primarily contends that the code subsection under which he was convicted proscribes the same conduct as does Criminal Code Section 76-10-506 which categorizes that conduct as a misdemeanor...

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