State v. Shurtliff

This is an appeal from a conviction of simple assault in the Third Judicial District of the State of Montana, Powell County, the Honorable Robert J. Boyd presiding. The defendant had previously been charged, along with two others, with the offense of aggravated assault. After the charges against the two others were dismissed, the defendant, after waiver of a jury trial, was found guilty of assault under section 45-5-201, MCA.

During the evening of April 8,1980, a guard at the Montana State Prison was struck in the back by two handmade darts. The incident occurred while he was conducting the…