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STATE v. PROBERT

No. 85-537.

719 P.2d 783 (1986)

STATE of Montana, Plaintiff and Respondent, v. John PROBERT, Sr., Defendant and Appellant.

Supreme Court of Montana.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Nye & Meyer, Jerrold L. Nye, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., George Schunk, Asst. Atty. Gen., Helena, John L. Pratt, County Atty., Roundup, for plaintiff and respondent.

HUNT, Justice.

Probert appeals from his Musselshell County District Court jury trial and conviction for assault.

We affirm.

Probert raises three issues on appeal:

1. Whether his conviction under § 45-5-201(1)(a), MCA, is unconstitutional?

2. Whether the District Court properly instructed the jury as to the applicable law under which they must decide the case?

3. Whether Probert received effective assistance of counsel?...

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