STATE v. GOPHER

No. 80-276.

633 P.2d 1195 (1981)

The STATE of Montana, Plaintiff and Respondent, v. Thane GOPHER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 14, 1981.


Attorney(s) appearing for the Case

Donovan & Anderson, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, for plaintiff and respondent.


DALY, Justice.

Defendant Thane Gopher was charged on October 16, 1979, with aggravated assault, section 45-5-202(1)(d), MCA by an information filed in Cascade County District Court. The information alleged that defendant purposely or knowingly caused bodily injury to a peace officer by kicking him in the leg. Defendant entered a plea of not guilty.

On April 1, 1980, a jury returned a verdict of guilty and the court sentenced defendant to three years in the...

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