STATE v. LAMBERT

No. 95-335.

929 P.2d 846 (1996)

STATE of Montana, Plaintiff and Respondent, v. David B. LAMBERT, Defendant and Appellant.

Supreme Court of Montana.

Submitted September 19, 1996.

Decided December 16, 1996.


Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender, Helena, for Appellant.

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Helena, Montana; George Corn, Ravalli County Attorney, Hamilton, for Respondent.


HUNT, Justice.

Following a jury trial in the Twenty-first Judicial District Court, Ravalli County, David B. Lambert (Lambert) was found guilty of criminal endangerment, a felony, and was sentenced to a term of years at the Montana State Prison. Lambert appealed.

We reverse and remand with instructions.

We address the following issue:

Did the District Court apply an incorrect mental state element to the offense of criminal endangerment?

...

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