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STATE v. LONGNECK

No. 82-154.

654 P.2d 977 (1982)

The STATE of Montana, Plaintiff and Respondent, v. Emil LONGNECK, Defendant and Appellant.

Supreme Court of Montana.

Decided December 8, 1982.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Ronald Smith, County Atty., Havre, for plaintiff and respondent.

Morrison, Ettien, Barron & Young, J. Chan Ettien, Havre, for defendant and appellant.

DALY, Justice.

This case was before this Court on a previous occasion, State v. Longneck (Mont. 1981), 38 St.Rep. 2160, 640 P.2d 436. At that time we reversed the District Court which acquitted the defendant of aggravated assault despite the jury's verdict of guilty on that charge. On remand, the District Court of the Twelfth Judicial District, Hill County, sentenced the defendant to two (2) years imprisonment, defendant appeals...

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