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STATE v. MANN

No. 13244.

546 P.2d 515 (1976)

The STATE of Montana, Plaintiff and Respondent, v. Franklin MANN, Defendant and Appellant.

Supreme Court of Montana.

Decided February 25, 1976.

Attorney(s) appearing for the Case

J. Vaughan Barron, argued, Great Falls, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., John F. North, Asst. Atty. Gen., argued, Helena, J.

Fred Bourdeau, County Atty., Carroll C. Blend, Deputy County Atty., appeared, Great Falls, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

Petitioner filed a petition in this Court, pursuant to section 95-2601 et seq., R.C.M. 1947, to set aside the sentence imposed upon him by the district court, Cascade County. An adversary hearing was granted.

On December 13, 1974, the Cascade County attorney filed an Information against petitioner, charging him with the crime of aggravated assault under section 94-5-202(1)(a), R.C.M. 1947. The assault was committed upon the person...

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