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STATE v. GONE

No. 14213.

587 P.2d 1291 (1978)

STATE of Montana, Plaintiff and Respondent, v. Stephen GONE, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Peter O. Maltese argued, Glasgow, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Mike McCarter argued, Asst. Atty. Gen., Helena, and Mark F. Racicot argued, Asst. Atty. Gen., Helena, for plaintiff and respondent.

Stephen L. Pevar, Denver, Colo., for amicus curiae.

HASWELL, Chief Justice.

Defendant appeals from his conviction of the crime of aggravated assault following a jury trial in the District Court of Phillips County.

Defendant Stephen Gone, Jr. and several companions spent the afternoon and early evening of June 20, 1977, drinking and visiting friends. En route from the home of one friend to another, they stopped at Kalal's Bar and Cafe in Zortman, Montana. While seated in the cafe waiting for their order to be...

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