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STATE v. BRUBAKER

No. 14179.

602 P.2d 974 (1979)

The STATE of Montana, Plaintiff and Respondent, v. James W. BRUBAKER, Defendant and Appellant.

Supreme Court of Montana.

Decided October 29, 1979.

Rehearing Denied December 5, 1979.

Attorney(s) appearing for the Case

Michael J. Whalen, Billings, Paul M. Warren, argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Chris D. Tweeten, argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, James D. Walen, argued, Deputy County Atty., Billings, for plaintiff and respondent.

SHEEHY, Justice.

Appeal is by defendant James W. Brubaker from a judgment of conviction for aggravated assault entered against him in the Thirteenth Judicial District Court, Yellowstone County.

Sharon Watson (Brubaker) was brought to Big Horn County Memorial Hospital in Hardin at 7:30 p.m., January 12, 1977 in critical condition with multiple bruises over her body, arms, trunk, legs and marked swelling around her face and head and with abnormal neurological...

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