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STATE v. HALL

No. 14745.

600 P.2d 1180 (1979)

STATE of Montana, Plaintiff and Respondent, v. Donald D. HALL, Defendant and Appellant.

Supreme Court of Montana.

Decided October 9, 1979.

Attorney(s) appearing for the Case

Morales, Volinkaty, & Harr, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Missoula, for plaintiff-respondent.

HASWELL, Chief Justice.

Defendant Donald D. Hall was convicted of two counts of aggravated assault on his two-year old stepson following a jury trial in the District Court of Missoula County. He appeals from the judgment of conviction.

Defendant and the child's mother, Cathy, were married in June, 1977, following the death of the child's father. On August 21, 1977, just prior to 5:00 p.m. Cathy Hall left home to pick up some chicken for dinner and was gone...

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