State v. Swazio

delivered the-opinion of the Court.

On June 27, 1974, an Information was filed in the district court, Carbon County, charging Anthony Martin Swazio with aggravated assault. The victim of the alleged assault was Deputy Sheriff Robert Peters. On April 21, 1976, defendant was found guilty by a jury verdict. Defendant was sentenced to the state prison at Deer Lodge, Montana, for a period of one year. From this verdict and final judgment defendant appeals.

On June 22, 1974, at approximately 10:45 p. m., Swazio was informed by his wife that Deputy Sheriff Robert Peters had been to their home during…