STATE v. BUCKINGHAM

No. 89-315.

783 P.2d 1331 (1989)

STATE of Montana, Plaintiff and Respondent, v. Hal J. BUCKINGHAM, Defendant and Appellant.

Supreme Court of Montana.

Decided December 14, 1989.


Attorney(s) appearing for the Case

Brad J. Arndorfer, Billings, for defendant and appellant.

Marc Racicot, Atty. Gen., Paul D. Johnson, Asst. Atty. Gen., Helena, Harold Hanser, County Atty., Curtis Bevolden, Deputy County Atty., Billings, for plaintiff and respondent.


WEBER, Justice.

Defendant, Hal J. Buckingham, was charged in the District Court of the Thirteenth Judicial District, Yellowstone County, with felony assault pursuant to § 45-5-202(2)(b), MCA, for firing a shotgun at a car driven by Jay Popp. The jury found defendant guilty as charged. He was sentenced to five years imprisonment in the Montana State Prison and fined $500.00. The prison sentence was suspended. Defendant appeals. We affirm.

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