State v. Lukus

Defendant appeals from a conviction by a jury of the crime of assault in the first degree and from denial of his motion for a new trial by the District Court of Yellowstone County.

Sometime between 12:30 and 1:00 a. m., January 9, 1966, the manager of defendant’s apartment dwelling received complaint about a disturbance in defendant’s apartment. The manager responded by twice going to defendant’s door and asking him to be quiet. These requests were met with cursing and increased noise and a statement by the defendant that he would do as he pleased. The manager then informed the defendant that…