State v. Swan

Daniel George Swan appeals from the judgment and conviction, and order denying his motion for a new trial by the Eighth Judicial District Court, Cascade County. After a jury trial, Swan was convicted of felony aggravated assault pursuant to § 45-5-202(1), MCA. We affirm.

The issues on appeal are as follows:

1. Did the District Court err in instructing the jury as to the lesser included offenses?

2. Was Swan deprived of his right to be present during all critical stages of the proceeding when he was not present at an in camera hearing?

3. Did the District Court err when it joined the felony…