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STATE v. HIGLEY

Nos. 80-142, 80-323.

621 P.2d 1043 (1980)

The STATE of Montana, Plaintiff and Respondent, v. Edward Dennis HIGLEY, Defendant and Appellant. The STATE of Montana, Relator, v. The DISTRICT COURT OF the THIRD JUDICIAL DISTRICT et al., Respondents.

Supreme Court of Montana.

Decided December 17, 1980.

Attorney(s) appearing for the Case

Larry W. Moran and Michael M. Nash, Michael M. Nash argued, Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., Mark Murphy argued, Asst. Atty. Gen., Helena, Donald E. White, County Atty., Michael Lilly argued, Deputy County Atty., Bozeman, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant was convicted in District Court, Gallatin County, of kidnapping and sexual intercourse without consent. He was sentenced to ten years in the State Prison on each count, to be served concurrently. The defendant appealed the conviction and while the appeal was pending, he applied to the district judge, Powell County, for bail pending appeal. The motion was granted and defendant was released from prison. The Gallatin County Attorney...

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