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STATE v. GONZALES

No. 95-268.

926 P.2d 705 (1996)

The STATE of Montana, Plaintiff and Respondent, v. David Sylvester GONZALES, Defendant and Appellant.

Supreme Court of Montana.

Decided October 24, 1996.

Attorney(s) appearing for the Case

James L. Vogel, Hardin, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Pamela Collins, Assistant Attorney General, Helena, Christine A. Cooke, Big Horn County Attorney, Hardin, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

Defendant David Gonzalez appeals the Thirteenth Judicial District Court, Big Horn County, jury verdict which found him guilty of felony assault against Ronald Thompson. We affirm.

The following two issues are raised on appeal:

1. Did the District Court properly instruct the jury on the affirmative defense of justifiable use of force?

2. Did the jury properly reject the defendant's affirmative defense of justifiable use...

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