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STATE v. COOPER

No. 12231.

504 P.2d 978 (1972)

The STATE of Montana, Plaintiff and Respondent, v. Walter Thomas COOPER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 27, 1972.

Attorney(s) appearing for the Case

Harrison, Loendorf & Poston, Helena, Jerome T. Loendorf (argued), Helena, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Jonathan B. Smith, Asst. Atty. Gen. (argued), Helena, James A. McCann, County Atty. (argued), Wolf Point, for plaintiff and respondent.

DALY, Justice.

Defendant, Walter Thomas Cooper, was convicted of the crime of assault in the first degree in the district court of the fifteenth judicial district, Roosevelt County. Following the verdict of guilty, the county attorney filed under section 94-4713, R.C.M. 1947, an information charging defendant with prior felony convictions to seek increased punishment beyond that prescribed by section 94-601, R.C.M. 1947, (assault in the first degree), of not...

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