STATE v. LUKUS

No. 11161.

423 P.2d 49 (1967)

The STATE of Montana, Plaintiff and Respondent, v. John LUKUS, Defendant and Appellant.

Supreme Court of Montana.

Decided January 20, 1967.


Attorney(s) appearing for the Case

Howard C. Foreman (argued), Billings, for appellant.

Forrest H. Anderson, Atty. Gen., James R. Beck, Asst. Atty. Gen (argued), Helena, John L. Adams, Jr., (argued), County Atty., Billings, for respondent.


DOYLE, Justice.

Defendant appeals from a conviction by a jury of the crime of assault in the first degree and from denial of his motion for a new trial by the District Court of Yellowstone County.

Sometime between 12:30 and 1:00 a.m., January 9, 1966, the manager of defendant's apartment dwelling received complaint about a disturbance in defendant's apartment. The manager responded by twice going to defendant's door and asking him to be quiet. These requests...

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