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admissible affirmative defense affirmed aggravated assault alleged ALR 4th appeal apply arrest assault now assault Blockburger burglary changes in style Chapter charged Collateral References Commission Comments Source committed Compiler's Comments conduct constitutional contended conviction County crime Criminal Law Commission dangerous drugs death defendant defendant's defined definition deleted District Court double jeopardy element error ex rel fact felony assault felony theft followed in St guilty imprisonment incest inserted intent intercourse without consent intoxication jurisdiction jury instruction kidnapping Law Commission Comments lesser included offense marijuana mental minor changes misdemeanor mitigated deliberate homicide Model Penal Code negligent homicide penalty person police possession prior law proof prosecution prove punishment reasonable doubt reversible error robbery rule self-defense sentence serious bodily injury sexual assault sexual intercourse statute statutory stolen subsection substituted Supreme Court held testimony trial court unlawful vehicle victim violation warrant weapon