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STATE v. MANNING

No. 11301.

429 P.2d 625 (1967)

The STATE of Montana, Plaintiff and Respondent, v. Paul MANNING, Defendant and Appellant.

Supreme Court of Montana.

Decided June 28, 1967.

Attorney(s) appearing for the Case

Craig Derry (argued), Billings, for appellant.

Forrest H. Anderson, Atty. Gen., Helena, John L. Adams, Jr., County Atty., Billings, William G. Sternhagen, Asst. Atty. Gen. (argued), Helena, H.F. Hanser, Deputy County Atty., appeared, Billings, for respondent.

DOYLE, Justice.

This is an appeal from a jury verdict charging the defendant with two separate counts of second degree assault on two Billings police officers. The jury returned a guilty verdict on both counts. The defendant was sentenced to five years on each count, the two terms to run concurrently. Defendant moved to require the state to elect one of the two counts for sentencing and also moved for a new trial which was denied by the Honorable C.B. Sande, district...

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