STATE v. ORSBORN

No. 13334.

555 P.2d 509 (1976)

STATE of Montana, Plaintiff and Respondent, v. Carl Leo ORSBORN, Defendant and Appellant.

Supreme Court of Montana.

Decided September 30, 1976.


Attorney(s) appearing for the Case

Fennessy, Crocker & Harman, David W. Harman argued, Libby, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., John North, Asst. Atty. Gen. argued, Helena, William A. Douglas, County Atty. argued, Libby, for plaintiff and respondent.


JOHN C. HARRISON, Justice.

Defendant appeals from his conviction of one count of aggravated assault and the 20 year sentence imposed by the district court, Lincoln County.

The record reveals this sequence of events: On August 12, 1974 defendant Carl Leo Orsborn began a lengthy period of drinking by consuming a drink shortly after arising at about 6:00 a.m. Later in the morning he had a drink with a friend. At approximately 1:00 p.m. he entered the Mine Lounge...

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