State v. Stillsmoking
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The Supreme Court reversed the sentencing order and judgment issued by the district court following Defendant's conviction of assault on a peace officer, a felony, holding that Defendant did not use a "weapon" pursuant to Montana law and thus could not be convicted for a violation of Mont. Code Ann. 45-5-210(1)(b).
The Supreme Court reversed Defendant's conviction of assault on a peace officer, a felony, in violation of Mont. Code Ann. 45-5-210(1)(b), holding that there was insufficient evidence to convicted Defendant of assault on a peace officer. On appeal, Defendant argued that the State did not present sufficient evidence to convict him because he did not use a weapon during the incident. Rather, Defendant used a "nonfunctioning CO2 pellet gun." The Supreme Court agreed with Defendant, holding that the non-operational BB gun did not qualify as a "weapon" under the facts of this case.
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