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STATE v. BRUBAKER

No. 80-334.

625 P.2d 78 (1981)

STATE of Montana, Plaintiff and Respondent, v. James W. BRUBAKER, Defendant and appellant.

Supreme Court of Montana.

Decided March 20, 1981.

Attorney(s) appearing for the Case

John L. Adams, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, for plaintiff and respondent.

HARRISON, Justice.

On November 4, 1977, defendant was convicted of the offense of aggravated assault. This Court reversed the conviction and ordered a new trial. State v. Brubaker (1979), Mont., 602 P.2d 974, 36 St.Rep. 1915. On June 4, 1980, defendant was again convicted of the offense of aggravated assault following a jury trial in the District Court of the Thirteenth Judicial District. Defendant now appeals.

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