STATE v. CARNS

No. 10005.

345 P.2d 735 (1959)

STATE of Montana, Plaintiff and Respondent, v. George CARNS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 29, 1959.


Attorney(s) appearing for the Case

Rankin and Acher, Helena, for appellant. Wellington D. Rankin and Arthur P. Acher, Helena, argued orally.

Forrest H. Anderson, Atty. Gen., Wm. F. Crowley, Asst. Atty. Gen., Wm. J. Speare, Yellowstone County Atty., Billings, for respondent. Wm. F. Crowley, Asst. Atty. Gen., argued orally.


CASTLES, Justice.

This is an appeal from a judgment of conviction on a jury verdict on a charge of assault in the second degree. The defendant was sentenced to a five-year term in the penitentiary.

The complaining and principal witness for the State was the person upon whom the assault was committed, Pearl Anderson. She testified that at about 1:00 a.m. in the early morning of July 19, 1958, while alone in her residence, she was awakened by a noise. She telephoned...

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