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STATE v. DUNFEE

No. 04-355.

114 P.3d 217 (2005)

2005 MT 147

327 Mont. 335

STATE of Montana, Plaintiff and Respondent, v. John Vincent DUNFEE, Defendant and Appellant.

Supreme Court of Montana.

Decided June 8, 2005.

Attorney(s) appearing for the Case

For Appellant: Wade J. DaHood and Michelle Sievers, Knight, DaHood, Everett & Sievers, Anaconda, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Kathy Seeley and John P. Connor, Jr., Assistant Attorneys General, Helena, Montana Robert M. McCarthy, Silver Bow County Attorney, Butte, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 John Vincent Dunfee (Dunfee) appeals from a judgment in the Second Judicial District Court, Silver Bow County, convicting him of aggravated assault and committing him to the Montana Department of Corrections (DOC). We affirm.

¶ 2 We address the following issues on appeal:

¶ 3 1. Did the District Court err when it denied Dunfee's motion for a new trial based upon a juror's failure...

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