HARRISON, Chief Justice.
The appellant was convicted of the crime of assault in the second degree; made a motion for a new trial which was denied; and this appeal was taken from the judgment of conviction and the order denying motion for a new trial.
The fact situation in this matter is that the complaining witness, Don Lussenden, was employed and resided at the Emil Durr Ranch west of Choteau, since October 1, 1955. On March 17, 1956, during the early morning...
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