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STATE v. BENTON

No. 91-293.

825 P.2d 565 (1992)

STATE of Montana, Plaintiff and Respondent, v. Robert Gordon BENTON, Defendant and Appellant.

Supreme Court of Montana.

Decided January 28, 1992.

Attorney(s) appearing for the Case

Don Vernay, Kalispell, for defendant and appellant.

Marc Racicot, Atty. Gen., Helena, Cregg W. Coughlin, Asst. Atty. Gen., Ted O. Lympus, Flathead County Atty., Kalispell, for plaintiff and respondent.

TRIEWEILER, Justice.

On June 11, 1990, the State of Montana filed an Information in the Eleventh Judicial District Court in Flathead County, charging Robert Gordon Benton with attempted deliberate homicide. The case was tried before a jury on September 24 and 25, 1990. At the conclusion of the evidence, the District Court instructed the jury on attempted deliberate homicide and aggravated assault, a lesser included offense. The jury acquitted Benton on the attempted...

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