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STATE v. MANNING

No. 12180.

499 P.2d 771 (1972)

The STATE of Montana, Plaintiff and Respondent, v. Paul MANNING, Defendant and Appellant.

Supreme Court of Montana.

Decided July 28, 1972.

Attorney(s) appearing for the Case

John L. Adams, Jr., argued, Billings, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., David V. Gliko, Asst. Atty. Gen., argued, Helena, Harold F. Hanser, County Atty., G. Todd Baugh, Deputy County Atty., argued, Billings, for plaintiff and respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a conviction of the crime of assault in the second degree following a trial before a jury in the district court of Yellowstone County. Defendant was sentenced to ten years in the Montana state prison following proof of a prior conviction.

From the record it appears that in the early morning hours of September 13, 1971, Rita Jensen, hereinafter referred to as Rita, was forcefully struck in the face by...

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