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STATE v. McMAHON

No. 94-196.

894 P.2d 313 (1995)

STATE of Montana, Plaintiff and Respondent, v. Gary Dennis McMAHON, Defendant and Appellant.

Supreme Court of Montana.

Decided May 4, 1995.

Attorney(s) appearing for the Case

Bruce E. Becker, Livingston, for appellant.

Joseph P. Mazurek, Atty. Gen., Micheal Wellenstein Asst. Atty. Gen., Helena; John V. Potter, Meagher County Atty., White Sulphur Springs, for respondent.

LEAPHART, Justice.

Gary Dennis McMahon (McMahon) appeals his conviction in the Fourteenth Judicial District, Meagher County, of misdemeanor assault and two counts of felony intimidation. We reverse.

Since this matter is being remanded for retrial, we set forth only enough facts to put the issue into proper context.

On September 16, 1993, McMahon took a high dosage of valium and codeine, brandished a rifle, and the sheriff was summoned. The sheriff...

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