STATE v. TOTTERDELL

No. 9973.

336 P.2d 696 (1959)

STATE of Montana, Plaintiff and Respondent, v. Glenn Eugene TOTTERDELL, Defendant and Appellant.

Supreme Court of Montana.

Decided March 19, 1959.


Attorney(s) appearing for the Case

Robert T. Merrill, Great Falls, for appellant.

Forrest H. Anderson, Atty. Gen., Louis Forsell, Asst. Atty. Gen., Gene B. Daly, County Atty., Great Falls, for respondent. Louis Forsell, Asst. Atty Gen., argued orally.


CASTLES, Justice.

This is an appeal from a judgment of conviction of first degree assault on a verdict of a jury and from an order denying a new trial.

The charge arose out of a shooting. One Richard Brown was shot in the back in the evening of July 26, 1957, as he ran from a house in which the defendant lived. The defendant fired twice from the doorway; the second shot felling Brown as he reached the street. At the time of the trial Brown was still paralyzed...

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