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STATE v. AUNE

No. 05-012.

136 P.3d 529 (2006)

2006 MT 113

332 Mont. 211

STATE of Montana, Plaintiff and Respondent, v. William Bernard AUNE, Defendant and Appellant.

Supreme Court of Montana.

Decided: May 23, 2006.

Attorney(s) appearing for the Case

Martin J. Eveland, Assistant Public Defender, Helena, for Appellant.

Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General; Leo Gallagher, County Attorney; Carolyn Clemens, Deputy County Attorney, Helena, for Respondent.

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

¶ 1 The State charged William Bernard Aune with Partnership or Family Member Assault (PFMA) in violation of § 45-5-206(1)(c), MCA, pursuant to an alleged incident of physical abuse towards his wife. At trial, the District Court refused Aune's request for a lesser-included offense instruction on misdemeanor assault; the jury subsequently found him guilty of PFMA. Aune now appeals.

¶...

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