State v. Fehringer
Annotate this CaseAfter a justice court bench trial, Defendant was convicted and sentenced for partner or family member assault. The district court affirmed the conviction. The Supreme Court affirmed, holding (1) the justice court jury was properly called pursuant to Mont. Code Ann. 3-15-313; (2) the court's determination that the charging documents in this case were sufficient under the law was not an abuse of discretion; and (3) the district court correctly affirmed the decision of the justice court to reject Defendant's proposed jury instructions on disorderly conduct as a lesser-included offense, which would have allowed the jury to convict Defendant of disturbing the peace instead of partner or family member assault.
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