STATE v. CARNES

No. DA 13-0726.

346 P.3d 1120 (2015)

2015 MT 101

STATE of Montana, Plaintiff and Appellee, v. Kristoffer Benjamin CARNES, Defendant and Appellant.

Supreme Court of Montana.

Decided April 14, 2015.


Attorney(s) appearing for the Case

For Appellant: Jennifer A. Hurley , Hurley Kujawa, PLLC, Butte, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; C. Mark Fowler , Assistant Attorney General, Helena, Montana, Martin D. Lambert , Gallatin County Attorney; Erin Murphy , Deputy County Attorney, Bozeman, Montana.


¶ 1 Kristoffer Benjamin Carnes appeals from the judgment entered by the Eighteenth Judicial Court, Gallatin County, finding him guilty of two counts of assault on a peace officer. We reverse, addressing the following issue:

¶ 2 Did the District Court err by failing to instruct...

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