STATE v. LEWIS

No. 11949.

486 P.2d 863 (1971)

The STATE of Montana, Plaintiff and Respondent, v. Richard M. LEWIS, Defendant and Appellant.

Supreme Court of Montana.

Decided July 6, 1971.


Attorney(s) appearing for the Case

John F. Iwen (argued), Great Falls, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., David V. Gliko, Asst. Atty. Gen. (argued), Helena, J. Fred Bourdeau, County Atty., Michael T. Greely, Great Falls, for plaintiff and respondent.


CASTLES, Justice.

This is an appeal from a judgment of conviction of the crime of second degree assault entered upon a jury verdict. A motion for new trial was denied. The defendant was sentenced to 30 years in prison.

The assault charged was first degree, that of assaulting a police officer with a loaded weapon. The circumstances were that one Mrs. Carol Peterson, on the evening of February 12, 1970, was patronizing the Brass Rail Bar in Great Falls. There...

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