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STATE v. BLAIR

No. 10951.

410 P.2d 450 (1966)

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

Supreme Court of Montana.

January 26, 1966.

Attorney(s) appearing for the Case

F.F. Haynes, Forsyth, Clayton Jones, Jr., Miles City, Charles F. Moses (argued), Billings, Dale Morman (argued), Sturgis, S.D., for appellant.

Forrest H. Anderson, Helena, William G. Sternhagen (argued), Helena, Gene Huntley (argued), Baker, for respondent.

JAMES T. HARRISON, Chief Justice.

Appeal by defendant Thomas Blair from the District Court of the Sixteenth Judicial District, wherein he was convicted of the crime of assault in the first degree with intent to commit a felony upon the person of a human being, to wit: Bud Moulette, by shooting and injuring him with a shotgun.

The testimony given by the defendant and the complaining witness, Moulette, conflicts at nearly every point. A resume of the occurrence...

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