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STATE v. MILTON

No. 94-426.

930 P.2d 28 (1996)

STATE of Montana, Plaintiff and Respondent, v. Thomas MILTON, Defendant and Appellant.

Supreme Court of Montana.

Decided December 12, 1996.

Attorney(s) appearing for the Case

Eric Olson, Great Falls, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Barbara Harris, Assistant Attorney General, Helena; Brant Light, Cascade County Attorney, Great Falls, for Plaintiff and Respondent.

NELSON, Justice.

Thomas Milton (Milton) appeals from a jury verdict in the Eighth Judicial District Court, Cascade County, finding him guilty of aggravated assault, a felony. He also appeals the District Court's denial of his motion for a new trial. We reverse and remand.

We address the following issue on appeal:

Did the District Court err in denying Defendant the opportunity to cross-examine the victim about a civil lawsuit the victim had filed against...

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