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STATE v. MARKER

No. 99-553.

15 P.3d 373 (2000)

2000 MT 303

STATE of Montana, Plaintiff and Appellant, v. Jason L. MARKER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 5, 2000.

Attorney(s) appearing for the Case

Hon. Joseph P. Mazurek, Attorney General; Helena, Montana, Valerie D. Wilson, Jefferson County Attorney; Boulder, MT, For Appellant.

J. Mayo Ashley, Attorney at Law, Helena, MT, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 A jury found Jason L. Marker (Marker) guilty of aggravated assault by accountability in the Fifth Judicial District Court, Jefferson County. The District Court set aside the verdict and ordered a new trial sua sponte. The State of Montana (State) appeals the order. We reverse the order granting a new trial.

¶ 2 The issues on appeal can be restated as follows:

1. Do...

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