State v. Sanders

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

Defendant was convicted in the district court of three counts of second degree assault and appealed. We hold that Count I should be dismissed. Counts II and III should be reversed and the cause remanded for new trial due to prejudicial evidence admitted at trial.

This is an appeal from a conviction of three counts of second degree assault under section 94-602, R.C.M.1947. The ease was tried by jury in the District Court of the Sixth Judicial District, Park County. Defendant was sentenced to serve four years in the state…