STATE v. PIERCE

No. 81-343.

651 P.2d 62 (1982)

STATE v. PIERCE.

Supreme Court of Montana.

October 1, 1982.


Majority Opinion, see 647 P.2d 847.

SHEA, Justice, dissenting.

PART I. INTRODUCTION.

By affirming the assault convictions, the majority have tortured and mutilated the assault statutes; they have construed the essential mental state "knowingly" (which should be "purposely or knowingly") so that it means nothing more than conduct amounting to criminal negligence; they have ignored the jury instructions which defined...

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