State v. Cooper

MR. JUSTICE JOHN C. HARRISON,

delivered the Opinion of the Court.

Defendant, Walter Thomas Cooper, was convicted of the crime of assault in the first degree in the district court of the fifteenth judicial district, county of Roosevelt. A post-conviction hearing was held for sentencing after notice was given under section 95-1506, R.C.M.1947.. Defendant was sentenced to a term of thirty years in the Montana state prison. From this conviction defendant appeals.

Defendant, a 63 year old ranch hand, was charged with the crime of assault with a loaded firearm, a 30-30 bolt action rifle. The evidence…