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STATE v. SWAN

No. 95-069.

928 P.2d 933 (1996)

STATE of Montana, Plaintiff and Respondent, v. Daniel George SWAN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 26, 1996.

Attorney(s) appearing for the Case

John Keith, Great Falls, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Elizabeth L. Griffing, Assistant Attorney General, Helena, Brant Light, Cascade County Attorney, Great Falls, for Plaintiff and Respondent.

ERDMANN, Justice.

Daniel George Swan appeals from the judgment and conviction, and order denying his motion for a new trial by the Eighth Judicial District Court, Cascade County. After a jury trial, Swan was convicted of felony aggravated assault pursuant to § 45-5-202(1), MCA. We affirm.

The issues on appeal are as follows:

1. Did the District Court err in instructing the jury as to the lesser included offenses?

2. Was Swan deprived of...

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