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STATE v. STEWARD

No. 11464.

445 P.2d 741 (1968)

The STATE of Montana, Plaintiff and Respondent, v. Elmer STEWARD, Defendant and Appellant.

Supreme Court of Montana.

Decided October 3, 1968.

Attorney(s) appearing for the Case

Howard C. Forman (argued), Billings, for defendant and appellant.

Forrest H. Anderson, Atty. Gen., Charles M. Joslyn, Asst. Atty. Gen. (argued), Helena, John L. Adams, Jr., County Atty. (argued), Billings, for plaintiff and respondent.

JOHN CONWAY HARRISON, Justice.

This is an appeal from a conviction of two counts of second degree assault. The appellant was charged with two counts of first degree assault and the jury found him guilty of two counts of second degree assault.

From his own version the appellant, Elmer Steward, was a resident of and worked in Cody, Wyoming. On July 19, 1967, he went to his son's house to borrow a .22 caliber pistol so he could go target practicing with a friend...

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