STATE v. ALEXANDER

No. 9737.

307 P.2d 784 (1957)

STATE of Montana, Plaintiff and Respondent, v. Duane ALEXANDER, Defendant and Appellant.

Supreme Court of Montana.

Decided February 26, 1957.

Rehearing Denied March 13, 1957.


Attorney(s) appearing for the Case

Doyle & Francisco, Conrad, Howard T. Francisco, Conrad, argued orally, for appellant.

Arnold H. Olsen, former Atty. Gen., Forrest H. Anderson, Atty.Choteau, Louis Forsell, Asst. Atty. Gen., argued orally, for respondent.


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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