STATE v. FITZPATRICK

No. 11258.

427 P.2d 300 (1967)

The STATE of Montana, Plaintiff and Respondent, v. Bernard FITZPATRICK, Defendant and Appellant.

Supreme Court of Montana.

Decided May 4, 1967.


Attorney(s) appearing for the Case

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

John L. Adams, Jr., County Atty. (appeared), Billings, William A. McCormick, Asst. Atty. Gen (argued), Honorable Forrest H. Anderson, Atty. Gen., Helena, for respondent.


JOHN C. HARRISON, Justice.

This is an appeal from the judgment and the court's denial of a motion for new trial in the thirteenth judicial district, Yellowstone County, Judge C.B. Sande presiding.

Appellant Bernard Fitzpatrick was charged and found guilty of an assault against Leroy Gash with a Waffenfabrik Mauser .32 Automatic. Fitzpatrick's wife, Donna Mae, was previously married to Gash, and there were two children by the prior marriage. Fitzpatrick, in...

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