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STATE v. BREITENSTEIN

No. 14417.

591 P.2d 233 (1979)

The STATE of Montana, Plaintiff and Respondent, v. Kenneth BREITENSTEIN, Sr., Defendant and Appellant.

Supreme Court of Montana.

Decided March 2, 1979.

Attorney(s) appearing for the Case

Frank B. Morrison, Sr., Whitefish, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, William A. Douglas, County Atty., Libby, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant Kenneth Breitenstein, Sr., appeals from a judgment convicting him of the crime of aggravated assault following a jury trial in the District Court of Lincoln County.

On July 4, 1977, appellant Kenneth Breitenstein, Sr., was arrested in Lincoln County, Montana, on the charge of aggravated assault under section 94-5-202, R.C.M. 1947, now section 45-5-202 MCA. An information was filed charging that the defendant had purposely...

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