ANGSTMAN, Justice.
Defendant was convicted of second degree assault and was sentenced to serve two years in the state penitentiary. A motion for a new trial was denied, and he has appealed from the judgment and from the order denying the motion.
At the time of the alleged offense, defendant was a resident of Galata, Toole County. He was then manager of the Gallatin Valley Milling Company and his wife conducted a small grocery store. Defendant's home was maintained...
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