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STATE v. MARCK

No. 8953.

220 P.2d 1017 (1950)

STATE v. MARCK.

Supreme Court of Montana.

Decided July 8, 1950.

Attorney(s) appearing for the Case

Doyle & Francisco, Conrad, Hall, Alexander & Burton, Great Falls, for appellant.

Howard T. Francisco, Conrad, and H. C. Hall, Great Falls, argued the case orally.

Herbert W. Conrad, Jr., County Atty., Conrad, Arnold H. Olsen, Atty. Gen., Willis B. Jones, Harold L. Holt, Philip O'Donnell, Asst. Attys. Gen., for respondent.

Mr. Olsen, Mr. O'Donnell and Mr. Conrad argued orally.

Loble & Loble, Helena, J. H. McAlear, Red Lodge, David R. Domke, Great Falls, Gene A. Picotte, Helena, David J. Korn, Kalispell, Robert T. Merrill, Great Falls, Cedor B. Aronow, Shelby, Fred L. Gibson, Livingston, Thomas R. Marron, County Atty., Glasgow, Bert W. Kronmiller, County Atty., Hardin, Nat. A. Allen, County Atty., Ryegate, amici curiae.

PER CURIAM.

This is an appeal by the defendant Alex Marck from a judgment of conviction entered against him in the district court of Pondera county, the Hon. R.M. Hattersley, district judge presiding, following his trial upon an information charging him and two others persons with the crime of unlawfully setting up lotteries, conducted by means of eight coin-operated slot machines.

The information charges: "That the said above named defendants did at the City...

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