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STATE v. ROSS

No. 94-192.

889 P.2d 161 (1995)

STATE of Montana, Plaintiff and Respondent, v. Michael Harold ROSS, Defendant and Appellant.

Supreme Court of Montana.

Decided January 24, 1995.

Attorney(s) appearing for the Case

Craig Shannon, Public Defender's Office, Missoula. for Appellant.

Joseph P. Mazurek, Attorney General; Patricia Jordan, Assistant Attorney General, Helena; Robert L. Deschamps, III, County Attorney; Betty Wing, Deputy County Attorney, Missoula, for Respondent.

TURNAGE, Chief Justice.

Michael Harold Ross (Ross) appeals his conviction of intimidation, in violation of § 45-5-203, MCA, in the Fourth Judicial District Court, Missoula County. We affirm.

The issues are:

1. Is § 45-5-203, MCA, unconstitutionally overbroad on its face?

2. Is § 45-5-203, MCA, unconstitutional as applied to Ross?

3. Did the District Court err in instructing the jury concerning the term "threat" as used...

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