STATE v. CROWL

No. 9927.

337 P.2d 367 (1959)

STATE of Montana, Plaintiff and Respondent, v. Larry CROWL and Richard Shank, Defendants and Appellants.

Supreme Court of Montana.

Decided April 6, 1959.


Attorney(s) appearing for the Case

Leif Erickson, Helena, for defendant Crowl.

Patrick F. Hooks, Helena, for defendant Shank.

Leif Erickson and Patrick F. Hooks, Helena, argued orally for appellants.

Forrest H. Anderson, Atty. Gen., Gordon R. Bennett, Asst. Atty. Gen., John C. Harrison, County Atty., Helena, for respondent.

Gordon R. Bennett, Asst. Atty. Gen., argued orally for respondent.


PHILIP C. DUNCAN, District Judge (sitting in place of HARRISON, C. J.).

Both defendants, each over the age of 16 years and under the age of 18 years, were convicted of the crime of assault in the first degree. The jury left the punishment to be fixed by the court and recommended suspended sentences. The court sentenced each defendant to the minimum punishment of five years in the state prison and suspended the same.

The general facts are that at about 10:30...

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