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STATE v. ALLUM

No. DA 08-0119.

201 P.3d 776 (2009)

2009 MT 15

STATE of Montana, Plaintiff and Appellee, v. Corey Dustin ALLUM, Defendant and Appellant.

Supreme Court of Montana.

Decided January 21, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Tammy K. Plubell; Assistant Attorney General, Katherine Aldrich, Legal Intern, Helena, Montana, Fred R. Van Valkenburg, Missoula County Attorney, Susan E. Boylan, Deputy County Attorney, Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Corey Dustin Allum (Allum) was charged with felony aggravated assault in connection with the injury of a twenty-month-old child. At the close of the State's case-in-chief, Allum moved to dismiss on the ground that the State had failed to produce sufficient evidence upon which a reasonable jury could conclude that he acted purposely or knowingly. The Fourth Judicial District Court for Missoula...

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