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STATE v. FISCH

No. 93-640.

881 P.2d 626 (1994)

STATE of Montana, Plaintiff and Respondent, v. Charles FISCH, Defendant and Appellant.

Supreme Court of Montana.

Decided September 20, 1994.

Attorney(s) appearing for the Case

Rienne H. McElyea, Berg, Lilly, Andriolo & Tollefsen, Bozeman, for appellant.

Joseph P. Mazurek, Atty. Gen., John Paulson, Asst Atty. Gen., Helena Michael Salvagni, Gallatin County Atty., Bozeman, for respondent.

GRAY, Jistice.

Charles Fisch appeals from a jury verdict and judgment of the Eighteenth Judicial District Court, Gallatin County, convicting him of the offense of aggravated assault. He asserts error in the court's refusal to instruct the jury on the alleged lesser included offense of negligent endangerment. We affirm.

Charles Fisch (Fisch) was charged with aggravated assault, a felony, in violation of § 45-5-202(1), MCA. He pleaded not guilty and the...

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