Legal Opinion

State v. R.B. "J" C.

Montana Supreme Court

Decided September 14, 2004No. 03-128PublishedCited by 5 opinions

1Opinion of the CourtJustice Cotter

¶1 R.B. “J” C. (hereinafter “J”), ayouth, was charged with two counts of felony Assault with a Weapon. He filed a Motion to Dismiss Petition on the ground that the facts alleged against him do not, as a matter of law, support the two counts. The District Court denied his Motion. “J” appeals. We affirm.

ISSUE

¶2 A restatement of the issue before this Court is whether the District Court erred when it concluded that a cigarette lighter was a “weapon” capable of producing “serious bodily injury” and thereafter denying “J’s” Motion to Dismiss on this ground.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 The…

2Cases cited4 opinions

  1. In re R.L.S.Montana Supreme Court · 1999
  2. State v. SmithMontana Supreme Court · 2004
  3. State v. WilsonMontana Supreme Court · 1997
  4. State v. ClemoMontana Supreme Court · 1999

3Cited by5 opinions

  1. State v. TrullMontana Supreme Court · 2006
  2. In re R.L.H.Montana Supreme Court · 2005
  3. State v. RB" J" C.Montana Supreme Court · 2004
  4. Matter of R.L.H.Montana Supreme Court · 2005
  5. State v. TothMontana Supreme Court · 2008

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