STATE v. PERRY

No. 14446.

590 P.2d 1129 (1979)

The STATE of Montana, Plaintiff and Respondent, v. Fred PERRY, Defendant and Appellant.

Supreme Court of Montana.

Decided February 15, 1979.


Attorney(s) appearing for the Case

Byron Boggs, Anaconda, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Chris D. Tweeten, Asst. Atty. Gen. (argued), Helena, James J. Masar, County Atty., Deer Lodge, for plaintiff and respondent.


HARRISON, Justice.

Defendant was charged with one count of possession of a weapon by a prisoner and one count of aggravated assault. He was convicted of both counts following a trial by jury in Powell County in the District Court of the Third Judicial District, the Honorable Robert J. Boyd, presiding. He appeals.

This case arose out of a prison altercation in which inmate Anthel Brown sustained severe injuries. Brown and defendant had fought on at least one...

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