State v. Klemann

Defendant, John Klemann, was found guilty of aggravated assault by a jury in the Yellowstone County District Court and sentenced to serve 12 years in prison. Defendant claims first that the trial court erroneously denied his motion for a one week continuance of the trial date, and second, that an aggravated assault conviction is not justified. We affirm the District Court.

We will first discuss defendant’s motion for a one week continuance. The offense took place on March 15, 1980. The information was filed on March 20, followed by defendant’s not guilty plea on March 25,1980. The case was set…