State v. Manning

This is an appeal from a jury verdict charging the defendant with two separate counts of second degree assault on two Billings police officers. The jury returned a guilty verdict on both counts. The defendant was sentenced to five years on each count, the two terms to run concurrently. Defendant moved to require the state to elect one of the two counts for sentencing *519and also moved for a new trial which was denied by the Honorable C. B. Sande, district judge of Yellowstone County.

The salient facts are all too familiar to the public, news media and law enforcement officials of the nation. The…