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STATE v. LUPPES

No. 83-1168.

358 N.W.2d 322 (1984)

STATE of Iowa, Plaintiff-Appellant, v. Kenneth Lavern LUPPES, Jr., Defendant-Appellee.

Court of Appeals of Iowa.

September 25, 1984.

Attorney(s) appearing for the Case

Gary J. Groves, Webster City, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen., and Sherie Barnett, Asst. Atty. Gen., for plaintiff-appellant.

Considered by OXBERGER, C.J., and SNELL and HAYDEN, JJ.

OXBERGER, Chief Judge.

This appeal requires us to interpret for the first time the statute regarding punishment for assault. Our code provides for three ways in which an assault may occur. The first two involve an act on the part of the defendant, coupled with the apparent ability to carry out that act. Iowa Code § 708.1(1)-(2) (1983). Under one version, the defendant shows the intent to cause pain, injury, or physical contact which will be insulting or offensive...

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