Montana Supreme Court July 6, 1971, No. 11949 (State v. Lewis)

MR. JUSTICE CASTLES

delivered the Opinion of the-Court.

This is an appeal from a judgment of conviction of the-crime of second degree assault entered upon a jury verdict. A motion for new trial was denied. The defendant was sentenced to 30 years in prison.

The assault charged was first degree, that of assaulting a. police officer with a loaded weapon. The circumstances were that one Mrs..