State v. Missenberger

KNUDSON, Chief Justice.

Appellant was charged with the crime of assault with intent to commit murder (I.C. § 18-4015). He was tried and the jury returned a verdict finding appellant guilty of assault with a deadly weapon (I.C. § 18-906). Judgment was entered upon the verdict and this appeal is from said judgment.

Under appellant’s assignment of error it is contended that “The verdict and judgment finding defendant guilty of assault with a deadly weapon is void because this crime is not an included offense in the crime of assault with intent to commit murder.”

The only issue presented by this…