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STATE v. FUGER

No. 13337.

554 P.2d 1338 (1976)

The STATE of Montana, Plaintiff and Respondent, v. Dennis FUGER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 22, 1976.

Rehearing Denied October 25, 1976.

Attorney(s) appearing for the Case

Curtis C. Cook (argued), Hamilton, for appellant.

Robert L. Woodahl, Helena, Douglas Harkin, Hamilton, Margaret A. Tonon (argued), Hamilton, for respondent.

CASTLES, Justice.

On May 23, 1975 Dennis Fuger was charged by Information in Ravalli County with aggravated assault in violation of section 94-5-202(1)(a), R.C.M. 1947. After trial by jury in December 1975, he was found guilty and sentenced to ten years in prison with all of it suspended except six months in the Ravalli County jail. He appeals.

Appellant presents three issues for review:

1) Did the state produce sufficient evidence to enable the jury...

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