Summary
The Supreme Court of Montana affirmed Douglas Kirn's convictions for two counts of assault on a peace officer. The court held that sufficient evidence supported the jury's finding of reasonable apprehension of serious bodily injury by use of a weapon, even though the officers did not see the shotgun until Kirn dropped it.
Holdings
- A victim need not personally observe a weapon in order to experience reasonable apprehension of serious bodily injury by use of the weapon.
- The State presented sufficient evidence for a rational trier of fact to find the essential elements of assault on a peace officer beyond a reasonable doubt.
Questions Presented
- Whether the State presented sufficient evidence to prove that the officers experienced reasonable apprehension of serious bodily injury by use of a weapon when they did not see the shotgun until Kirn dropped it.
Disposition
affirmed
Cases Cited (9)
- State v. Swann, 2007 MT 126, 337 Mont. 326, 160 P.3d 511(followed)
- State v. Skinner, 2007 MT 175, 338 Mont. 197, 163 P.3d 399(followed)
- State v. McWilliams, 2008 MT 59, 341 Mont. 517, 178 P.3d 121(followed)
- State v. Rosling, 2008 MT 62, 342 Mont. 1, 180 P.3d 1102(followed)
- State v. Hill, 2008 MT 260, 345 Mont. 95, 189 P.3d 1201(followed)
- State v. Steele, 2004 MT 275, 323 Mont. 204, 99 P.3d 210(followed)
- State v. Hagberg, 277 Mont. 33, 920 P.2d 86 (1996)(followed)
- State v. Misner, 234 Mont. 215, 763 P.2d 23 (1988)(followed)
- State v. Coluccio, 2009 MT 273, 352 Mont. 122, 214 P.3d 1282(overruled)
Cited In (0)
No citing cases on record yet.
Court Document
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