State v. Mason

WALTERS, Chief Judge.

James Mason was found guilty by a jury and convicted for aggravated assault. On appeal, Mason contends (1) he was denied a timely preliminary hearing as required by I.C.R. 5.1; (2) he was denied his right to a speedy trial; (3) evidence obtained pursuant to a search warrant should have been suppressed because the return of the warrant was not verified by the executing officer; and (4) the district court committed prejudicial error by refusing to instruct the jury on lesser included offenses and on the theory of self-defense. We hold the trial court erred in refusing to…