State v. Cardwell

Cardwell appeals his conviction by a Gallatin County jury of tampering with a witness and misdemeanor assault.

In State v. Cardwell (1980), 187 Mont. 370, 609 P.2d 1230, 37 St.Rep 750, we reversed the defendant’s first convictions on *541charges of aiding and abetting another in the commission of the offense of tampering with witnesses and aggravated assault. In doing so, we ruled that section 46-11-403, MCA, allowing the amendment of a criminal information without leave of court, was unconstitutional.

After the opinion was entered, Cardwell asked this Court for an order discharging him from the…