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STATE v. DEAN

No. 93-149.

864 P.2d 781 (1993)

STATE of Montana, Plaintiff and Respondent, v. Willard S. DEAN, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided November 30, 1993.

Attorney(s) appearing for the Case

Jennifer Bordy, Berry & Bordy, Bozeman, for defendant and appellant.

Joseph P. Mazurek, Atty. Gen., Kathy Seeley, Asst. Atty. Gen., Helena, Mike Salvagni, Gallatin County Atty., Marty Lambert, Deputy County Atty., Bozeman, for plaintiff and respondent. Deputy County Attorney, Bozeman.

HUNT, Justice.

Defendant/Appellant Willard S. Dean, Jr., appeals from several orders and a judgment of the Eighteenth Judicial District Court, Gallatin County, denying appellant's motion to dismiss, jury verdict for felony assault, and motion for judgment notwithstanding the verdict or new trial.

We affirm.

We determine the following issues to be dispositive:

1. Did the District Court err when it denied appellant's motion to dismiss because...

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