Montana Supreme Court May 4, 1967, 11258 (State v. Fitzpatrick)

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from the judgment and the court’s denial of a motion for new trial in the thirteenth judicial district, Yellowstone County, Judge C. B. Sande presiding.

Appellant Bernard Fitzpatrick was charged and found guilty of an assault against Leroy Gash with a Waffenfabrik Mauser .32 Automatic.