State v. Gallagher
This text of 152 Mont. 48 (State v. Gallagher) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DECISION
The application of the above-named defendant for a review of the sentence of 5 years, imposed on November 3, 1967, was fully heard and after a careful consideration of the entire matter it is decided that:
(1) The sentence be and remain as originally imposed by the sentencing court.
The reason for the above decision is that the sentence appears to be sufficiently lenient in that defendant was convicted of second degree assault (shooting his victim with a pistol) punishable by not less than 1 nor more than 6 years imprisonment or by a fine not exceeding §2000, or both, yet he received a sentence of but 5 years with 1 prior felony conviction and 1 parole violation, and will be eligible for parole consideration in July 1969 after being received September 14, 1968.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
152 Mont. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gallagher-mont-1969.