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STATE v. MADDEN

No. 9426.

276 P.2d 974 (1954)

128 Mont. 408

The State of Montana, Plaintiff and Respondent, v. Garvin G. MADDEN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 22, 1954.

Attorney(s) appearing for the Case

John D. Gillan, Havre, for appellant.

Arnold H. Olsen, Atty. Gen., Vera Jean Heckathorn, Asst. Atty. Gen., Edward J. Ober, County Atty., Havre, for respondent.

ADAIR, Chief Justice.

The defendant was convicted of assault in the first degree and appeals from the judgment of conviction and an order denying him a new trial.

The information charges: "That on or about the 21st day of February A.D., 1953 * * * defendant, Garvin G. Madden, at the County of Hill, in the State of Montana, with force and arms, did then and there, knowingly, willfully, unlawfully and feloniously and...

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