State v. GleedAnnotate this Case
After a jury trial, Defendant was convicted of aggravated assault for allegedly intentionally submerging his young son in scalding water. The Supreme Court reversed Defendant’s conviction, vacated the district court’s judgment, and remanded the matter for a new trial, holding that the district court erred in denying Defendant’s motion for a continuance based on an absent witness, as (1) Defendant met the diligence requirement contained in Mont. Code Ann. 46-13-202, (2) the interests of justice and Defendant’s right to a fair trial necessitated the grant of his motion for a continuance in order to allow the witness at issue to testify, and (3) the witness intended to testify.