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STATE v. SANDERS

No. 12032.

489 P.2d 371 (1971)

The STATE of Montana, Plaintiff and Respondent, v. Richard SANDERS, also known as Dick sanders, Defendant and Appellant.

Supreme Court of Montana.

Decided October 4, 1971.

Attorney(s) appearing for the Case

Arnold Huppert, Jr., argued, Livingston, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., David V. Gliko, argued, Asst. Atty. Gen., Helena, Jack Yardley, County Atty., John W. McDonald, Jr., Deputy County Atty., argued, Livingston, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

Defendant was convicted in the district court of three counts of second degree assault and appealed. We hold that Count I should be dismissed. Counts II and III should be reversed and the cause remanded for new trial due to prejudicial evidence admitted at trial.

This is an appeal from a conviction of three counts of second degree assault under section 94-602, R.C.M. 1947. The case was tried by jury in the district court of the sixth...

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