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STATE v. COOPER

No. 14255.

589 P.2d 133 (1979)

STATE of Montana, Plaintiff and Respondent, v. William Orie COOPER, Defendant and Appellant.

Supreme Court of Montana.

Decided January 5, 1979.

Rehearing Denied February 2, 1979.

Attorney(s) appearing for the Case

Michael Sand argued, Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Sheri K. Sprigg argued, Asst. Atty. Gen., Helena, Donald White, County Atty., Bozeman, Gregory R. Todd argued, Deputy Co. Atty., Bozeman, for plaintiff and respondent.

HARRISON, Justice.

Defendant was charged by information with one count of aggravated assault and one count of assault. A jury trial was held on January 26 and 27, 1978, the Honorable Jack D. Shanstrom presiding. After the jury returned a guilty verdict on both counts, defendant was sentenced to five years on Count I and six months on Count II, the sentences to run concurrently. One and one-half years were then suspended. Defendant appeals.

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