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STATE v. SMITH

No. 98-685.

997 P.2d 768 (2000)

2000 MT 57

STATE of Montana, Plaintiff and Respondent, v. Raymond Clark SMITH, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided March 9, 2000.

Attorney(s) appearing for the Case

Amy N. Guth, Libby, Montana, For Appellant.

Honorable Joseph P. Mazurek, Attorney General; Cregg W. Coughlin, Assistant Attorney General, Helena, Montana, Bernard Cassidy, County Attorney, Libby, Montana, For Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 Two separate causes, each involving several counts against Raymond Clark Smith, were consolidated. Smith was ultimately charged with assault pursuant to § 45-5-202(2)(b), MCA (1997), intimidation pursuant to § 45-5-203, MCA, and assault on a peace officer pursuant to § 45-5-210, MCA. In a non-jury trial, the Nineteenth Judicial District Court, Lincoln County, found Smith guilty...

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