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STATE v. BOUSLAUGH

No. 13737.

576 P.2d 261 (1978)

The STATE of Montana, Plaintiff and Respondent, v. Carter BOUSLAUGH, Defendant and Appellant.

Supreme Court of Montana.

Decided March 22, 1978.

Attorney(s) appearing for the Case

Moses, Tolliver & Wright, Billings, R. Allen Beck argued, Billings, for defendant and appellant.

Michael T. Greely, Atty. Gen., Helena, J. Mayo Ashley argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty. argued, Billings, James D. Walen, Deputy County Atty. argued, Billings, for plaintiff and respondent.

DALY, Justice:

Defendant Carter Bouslaugh was charged in the District Court, Yellowstone County, with having committed the crime of aggravated assault on July 18, 1976, in violation of section 94-5-202(1)(b), R.C.M. 1947. Following a jury trial he was convicted and sentenced to serve 10 years in the Montana state prison. Defendant appeals the conviction.

The issues presented on appeal are:

1) Whether by refusing to include an offered instruction on...

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