State v. Carnes

¶1 Kristoffer Benjamin Carnes appeals from the judgment entered by the Eighteenth Judicial Court, Gallatin County, finding him guilty of two counts of assault on a peace officer. We reverse, addressing the following issue:

¶2 Did the District Court err by failing to instruct the jury that the State was required to prove mental state as to every element of the offense?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On July 18, 2011, Carnes was at home eating dinner with his girlfriend, Rose, and her family. After an argument, Carnes decided to leave and spend the night in a campground, and he began packing…