State v. Gone

Defendant appeals from his conviction of the crime of aggravated assault following a jury trial in the District Court of Phillips County.

Defendant Stephen Gone, Jr. and several companions spent the afternoon and early evening of June 20, 1977, drinking and visiting friends. En route from the home of one friend to another, they stopped at Kalal’s Bar and Cafe in Zortman, Montana. While seated in the cafe waiting for their order to be served, defendant used some profane language and further commented: “If one more Indian gets killed at this establishment, we’re going to close it down”. The bar…