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STATE v. SMITH

No. 9162.

246 P.2d 227 (1952)

STATE v. SMITH.

Supreme Court of Montana.

Decided July 1, 1952.

Attorney(s) appearing for the Case

Raymond Shelden, Ekalaka, for appellant.

Arnold H. Olsen, Atty. Gen., Charles V. Huppe, Asst. Atty. Gen., H.M. Brickett, Asst. Atty. Gen., Roy W. Holmes, County Atty., Ekalaka, argued the case orally.

FREEBOURN, Justice.

Defendant was charged by information with the crime of first degree assault by making "an assault upon one John Shuffield, a human being, with a deadly weapon likely to produce death, to-wit: a rifle * * * which defendant did * * * shoot off and discharge at the said John Shuffield with the intent * * * to kill said John Shuffield."

Defendant, found guilty by the jury of assault in the second degree...

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