State v. Gallagher

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

Defendant, Jerry Gallagher, was charged with the crime of assault in the first degree, upon the person of Gary Cromer. After a jury trial the defendant was convicted of the crime of assault in the second degree and sentenced to a term of five years in the state prison. From this conviction defendant appeals.

The complaining witness, Gary Cromer of Billings, Montana, and one Robert Adolphson, of Spokane, Washington, frequented a number of bars on the night of August 8th and 9th, 1967. After the bars closed Cromer decided to…