State v. Porter

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment of the district court, following a jury verdict finding the defendant guilty of second degree assault, which judgment sentenced the defendant to a term of five years in the state prison. The defendant assigns a number of specifications of error and we shall consider the pertinent facts in connection with our discussion of those specifications.

The defendant, an airman stationed near Lewistown, predicates error upon the introduction by the State of certain testimony concerning his military…