STATE v. PORTER

No. 10638.

391 P.2d 704 (1964)

The STATE of Montana, Plaintiff and Respondent, v. Thomas PORTER, Defendant and Appellant.

Supreme Court of Montana.

Rehearing denied May 14, 1964.


Attorney(s) appearing for the Case

DeKalb, Mondale & Johnson, Lewistown, Robert L. Johnson, Lewistown (argued), for appellant.

Peter L. Rapkoch, County Atty., Lewistown (argued), Leonard H. McKinney, Deputy County Atty., Lewistown, Donald Garrity, Asst. Atty. Gen., Helena (argued), Forrest H. Anderson, Atty. Gen., for respondent.


HARRISON, Chief Justice.

This is an appeal from a judgment of the district court, following a jury verdict finding the defendant guilty of second degree assault, which judgment sentenced the defendant to a term of five years in the state prison. The defendant assigns a number of specifications of error and we shall consider the pertinent facts in connection with our discussion of those specifications.

The defendant, an airman stationed near Lewistown, predicates...

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