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STATE v. BROWN

No. 13152.

560 P.2d 533 (1976)

STATE of Montana, Plaintiff and Respondent, v. David Ottley BROWN, Defendant and Appellant.

Supreme Court of Montana.

Submitted May 26, 1976.

On Rehearing December 10, 1976.

Attorney(s) appearing for the Case

Robert J. Rice, argued, Bozeman, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Donald E. White, County Atty., argued, Bozeman, for plaintiff and respondent.

DALY, Justice.

Defendant David Ottley Brown appeals from a conviction in the district court, Gallatin County. Defendant was convicted of one count of aggravated assault and one count of simple assault. He appeals from the conviction of aggravated assault.

The relevant facts are: On the evening of March 13, 1975, one Ann Docksey, a student at Montana State University, was walking back to her dormitory from work in downtown Bozeman. At an intersection near the...

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