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STATE v. BALLENGER

No. 86-291.

738 P.2d 1291 (1987)

STATE of Montana, Plaintiff and Respondent, v. Timothy W. BALLENGER, Defendant and Appellant.

Supreme Court of Montana.

Decided June 30, 1987.

Attorney(s) appearing for the Case

James P. O'Brien (argued), Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Patrick Driscoll (argued), Asst. Atty. Gen., Helena, Robert L. Deschamps, III, Co. Atty., Missoula, Karen Townsend (argued), Deputy Co. Atty., for plaintiff and respondent.

GULBRANDSON, Justice.

Timothy Ballenger appeals his conviction in Missoula County District Court for the deliberate homicide of his three-year old stepson, for which he received a 100 year prison term and a dangerous offender designation. Four issues are presented on appeal:

(1) Whether the District Court erred by refusing to instruct the jury on the lesser included offenses of aggravated assault and felony assault?

(2) Whether the District Court erred...

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