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STATE v. GALLAGHER

No. 11441.

445 P.2d 45 (1968)

The STATE of Montana, Plaintiff and Respondent, v. Jerry GALLAGHER, DEFENDANT AND APPELLANT.

Supreme Court of Montana.

Decided September 13, 1968.

Attorney(s) appearing for the Case

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

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

JAMES T. HARRISON, Chief Justice.

Defendant, Jerry Gallagher, was charged with the crime of assault in the first degree, upon the person of Gary Cromer. After a jury trial the defendant was convicted of the crime of assault in the second degree and sentenced to a term of five years in the state prison. From this conviction defendant appeals.

The complaining witness, Gary Cromer of Billings, Montana, and one Robert Adolphson, of Spokane, Washington, frequented...

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