State v. Straight

MR. JUSTICE CASTLES:

This is an appeal from a judgment of conviction on a jury verdict for the crime of assault in the third degree. The defendant had been charged with assault in the second degree and the conviction of the lesser crime was found by the jury. Both the jury and the court fixed punishment for the maximum of third degree assault, six months in jail, and a fine of $500.

At the time the information was filed, the defendant was employed in Carbon County, Montana, as a rural school teacher, supporting himself, his wife and two minor children.

The defendant and his wife had been caring…