State v. Bouslaugh

Defendant Carter Bouslaugh was charged in the District Court, Yellowstone County, with having committed the crime of aggravated assault on July 18, 1976, in violation of section 94-5-202(1) (b), R.C.M.1947, Following a jury trial he was convicted and sentenced to serve 10 years in the Montana state prison. Defendant appeals the conviction.

The issues presented on appeal are:

1) Whether by refusing to include an offered instruction on misdemeanor assault, the trial court committed reversible error?

2) Whether by refusing an offered instruction pointing out that a shooting alone is not sufficient…