Defendant in Las Vegas ax attack appears in court

Harold Montague, accused of killing a 4-month-old boy with an ax and severely injuring the child's mother, makes his first appearance in court with public defender Andrea Luem Tuesday, Feb. 16, 2010 in Las Vegas. (AP Photo/Las Vegas Sun, Sam Morris)

Harold Montague, accused of killing a 4-month-old boy with an ax and severely injuring the child's mother, makes his first appearance in court with public defender Andrea Luem Tuesday, Feb. 16, 2010 in Las Vegas. (AP Photo/Las Vegas Sun, Sam Morris)

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LAS VEGAS (AP) - A defense lawyer says he expects the state will seek the death penalty against a 33-year-old man accused of hacking a 4-month-old baby to death and critically wounding the child's mother with a medieval-style battle ax.

A prosecutor said Tuesday it's still too soon to tell.

Harold E. Montague made an initial appearance before a Las Vegas judge who scheduled another appearance March 3 to let his public defenders meet with Montague about his case.

The 33-year-old Montague was arrested Thursday and jailed on murder and attempted murder charges after being accused of stabbing his disabled sister-in-law with a point of the ax before bursting out of a home and attacking the mother and the child in a stroller in the street.