State v. Hiott

987 P.2d 135 (1999)

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Nature of the Case

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Facts

Hiott (D) and his friend, Jose, were shooting at each other with BB guns. Jose was hit in the eye and lost his eye as a result. D was charged with assault in the third degree. The trial court found him guilty; at no time did either consent to be injured by the other but both boys were engaged in a very reckless form of play that lead to this crime. D appealed.