STATE v. ANDREWS

No. 95-012.

907 P.2d 967 (1995)

STATE of Montana, Plaintiff and Respondent, v. Clayton ANDREWS, Defendant and Appellant.

Supreme Court of Montana.

Decided December 19, 1995.


Attorney(s) appearing for the Case

Gary E. Wilcox, Yellowstone County Public Defenders, Billings, for Appellant.

Joseph P. Mazurek, Attorney General, Carol Schmidt, Ass't Attorney General, Helena; Dennis Paxinos, Yellowstone County Attorney, Marcia Good Sept, Deputy County Attorney, Billings, for Respondent.


GRAY, Justice.

Clayton Andrews (Andrews) was convicted by jury verdict of two counts of felony aggravated assault and sentenced to a ten-year term of imprisonment on each count, with the sentences to run concurrently. He appeals from the judgment and sentence entered by the Thirteenth Judicial District Court, Yellowstone County, on one count only. We reverse.

The issue on appeal is whether sufficient evidence supports the jury's guilty verdict on Count I,...

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