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STATE v. NICK

No. DA 08-0171.

208 P.3d 864 (2009)

2009 MT 174

350 Mont. 533

STATE of Montana, Plaintiff and Appellee, v. Kyle Dean NICK, Defendant and Appellant.

Supreme Court of Montana.

Decided May 19, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Koan Mercer, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Kyle Dean Nick appeals his December, 2007, conviction for aggravated assault. Nick contends on appeal that his conviction must be reversed because the District Court erred instructing the jury as to the definition of "purposely" as an element of aggravated assault. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 About midnight on May 11, 2007, Nick accompanied Chelsea Dodd...

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