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STATE v. DESHNER

No. 13816.

573 P.2d 172 (1977)

The STATE of Montana, Plaintiff and Respondent, v. Terry H. DESHNER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 29, 1977.

Attorney(s) appearing for the Case

Howard F. Strause (argued), Great Falls, for defendant and appellant.

Michael T. Greely, Atty. Gen., Rick Anderson, Asst. Atty. Gen. (argued), Helena, J. Fred Bourdeau, County Atty., Great Falls, for plaintiff and respondent.

HASWELL, Justice.

Defendant was charged with the crime of aggravated assault. Defendant was found guilty after trial by jury. Following denial of defendant's motion for a new trial, he appeals to this Court.

On July 21, 1976, at approximately 9:30 p.m. Dan VanDenBos and two companions were traveling in VanDenBos' car along First Avenue North in Great Falls, Montana. Near the intersection of Ninth Street and First...

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