State v. Eagle

¶1 Defendant, Glen D. Spotted Eagle, Sr. (Spotted Eagle), was convicted by a jury in the Twelfth Judicial District, Hill County, of Partner or Family Member Assault, 3rd or subsequent offense, a felony, and Failure of Disorderly Person to Disperse, a misdemeanor. Spotted Eagle appeals only his Partner or Family Member Assault conviction. We reverse and remand for a new trial.

BACKGROUND

¶2 On April 7, 2009, the State of Montana charged Spotted Eagle by Information with Count I: Partner or Family Member Assault, 3rd or subsequent offense, a felony, and Count II: Failure of Disorderly Person to…