[Download] "State Idaho v. Leonard J. Marek" by Supreme Court Of Idaho * Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Leonard J. Marek
- Author : Supreme Court Of Idaho
- Release Date : January 17, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an appeal by defendant-appellant Marek who was charged with the crime of Aggravated Battery, I.C. §§ 18-903(c) and 18-907(a), and Felony Injury to Children, I.C. § 18-1501(1). Following trial a jury returned verdicts of guilty on both charges. Thereafter the district court entered a judgment of conviction on the charge of Aggravated Battery and sentenced the defendant to a determinate 15-year term. The record does not reflect whether the district court entered a judgment of conviction for Felony Injury to Children. Marek asserts, and the State concedes, that the trial court erred in entering its judgment of conviction on the charge of Aggravated Assault since the offense took place in Indian Country, the defendant and the victim were both Indians, and the offense of Aggravated Battery is one enumerated under the Major Crimes Act (18 U.S.C. § 1153), and hence jurisdiction to try the defendant for the crime of Aggravated Battery lies exclusively with the federal courts. We agree in part, reverse the conviction for the offense of Aggravated Battery, and remand the cause for further proceedings.