State v. Probert

Probert appeals from his Musselshell County District Court jury trial and conviction for assault.

We affirm.

Probert raises three issues on appeal:

1. Whether his conviction under Section 45-2-201(l)(a), MCA, is unconstitutional?

2. Whether the District Court properly instructed the jury as to the applicable law under which they must decide the case?

3. Whether Probert received effective assistance of counsel?

The victim in this case, John Probert, Jr., is the defendant’s son. John was a problem child in the two years preceding the assault, both to his parents and school authorities. In those…