Thomas L. Zink v. State

BACKGROUND

¶ 1 The State of Montana charged Thomas Zink (Zink) by Information with aggravated assault against his wife pursuant to § 45-5-202(1), MCA. The State later moved to amend the Information to add a criminal endangerment charge pursuant § 45-5-207(1), MCA Before trial, Zink moved to dismiss the endangerment charge as a lesser-included offense of aggravated assault. The District Court denied that motion.

¶2 At trial, the State presented testimony from Zink’s wife, Elizabeth Zink (Elizabeth). Elizabeth testified that she was in the midst of bathing one of her children when Zink called her…