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STATE v. SHURTLIFF

No. 81-82.

635 P.2d 1294 (1981)

STATE of Montana, Plaintiff and Respondent, v. Mike SHURTLIFF, Defendant and Appellant.

Supreme Court of Montana.

Decided November 5, 1981.

Attorney(s) appearing for the Case

C.F. Mackay, Anaconda, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Ted L. Mizner, County Atty., Deer Lodge, for plaintiff and respondent.

DALY, Justice.

This is an appeal from a conviction of simple assault in the Third Judicial District of the State of Montana, Powell County, the Honorable Robert J. Boyd, presiding. The defendant had previously been charged, along with two others, with the offense of aggravated assault. After the charges against the two others were dismissed, the defendant, after waiver of a jury trial, was found guilty of assault under section 45-5-201, MCA.

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