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STATE v. KILLENGER

(9384), (9386)

193 Conn. 48 (1984)

STATE OF CONNECTICUT v. RALPH KILLENGER STATE OF CONNECTICUT v. ROBERT ESPOSITO

Supreme Court of Connecticut.

Decision released April 24, 1984.

Attorney(s) appearing for the Case

Kenneth Rosenthal, assistant public defender, with whom, on the brief, was Joette Katz, public defender, for the appellants (defendant in each case).

Guy W. Wolf III, assistant state's attorney, with whom, on the brief, was Arnold Markle, state's attorney, for the appellee (state).

HEALEY, PARSKEY, SHEA, GRILLO and DALY, JS.

GRILLO, J.

This is an appeal from the conviction of two defendants, Robert Esposito and Ralph Killenger, on charges of first degree assault and first degree robbery. In this appeal, the defendants maintain that the trial court erred in failing to limit the state to proving that the instrument causing the victim's injuries was a hammer, as specified in the bill of particulars. They claim, also, that the court erred in failing to charge on the lesser included assault...

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