Hurley v. State

The Supreme Court affirmed Defendant’s conviction for felonious restraint, rendered after a jury trial. The district court sentenced Defendant to incarceration for a period of not less than fifteen months nor more than forty-eight months. On appeal, Defendant argued that the district court abused its discretion when it declined to instruct the jury on the term “bodily injury” and that there was insufficient evidence to establish that the unlawful restraint exposed the victim to a risk of serious bodily injury. The Supreme Court held (1) the district court did not abuse its discretion when it rejected Defendant’s proposed instruction on the definition of “bodily injury”; and (2) there was sufficient evidence to establish the elements of felonious restraint. View "Hurley v. State" on Justia Law

Posted in: Criminal Law

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