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STATE v. NEARY

No. 96-392.

944 P.2d 750 (1997)

STATE of Montana, Plaintiff and Respondent, v. Patrick Dale NEARY, Defendant and Appellant.

Supreme Court of Montana.

Decided September 11, 1997.

Attorney(s) appearing for the Case

Terry J. Hanson, Miles City, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Christina Goe, Assistant Attorney General, Helena, Garry P. Bunke, County Attorney, Miles City, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

A jury in the Sixteenth Judicial District Court, Custer County, found Patrick Neary guilty of aggravated assault. Neary appeals. We affirm.

We restate the following two issues Neary raises on appeal:

1. Is the jury verdict supported by substantial evidence?

2. Did the District Court err when it granted the State's proposed jury instruction No. 13 and denied Neary's proposed weapon instruction?

BACKGROUND

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