State v. Evans

Owen Todd Evans appeals from his September 28,1989, conviction of aggravated burglary, two counts of felony assault, and one count of felony theft by a jury sitting in the District Court of the Eighteenth Judicial District, Gallatin County. We affirm.

Evans presents the following issues:

1. Did the jury improperly find a “stun-gun” to be a weapon for purposes of aggravated burglary and felony assault?

2. Did the District Court err in failing to instruct the jury on the definition of a weapon under Montana law and on the lesser included offense of assault?

3. Was Evans subjected to double jeopardy…