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Wednesday, October 15, 2008

Felony assualt insufficiency of evidence

No. 96-236
IN THE SUPREME COURT OF THE STATE OF MONTANA
1998 MT 138
STATE OF MONTANA,
Although Cochran raises several issues on appeal, we address only one, which is
dispositive of this case: did the District Court abuse its discretion when it denied
Cochran’s motion for a directed verdict.
We conclude that the evidence presented was not sufficient to establish that it was Cochran who assaulted Jackson. Accordingly, we hold that the District Court abused its discretion when it failed to direct a verdict in favor of Cochran and dismiss the case. Cochran’s conviction for felony assault is reversed and her sentence is vacated.

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