STATE v. SAUTER

No. 9012.

232 P.2d 731 (1951)

STATE v. SAUTER, et al.,

Supreme Court of Montana.

June 7, 1951.


Attorney(s) appearing for the Case

Arthur R. Meyer and Wiggenhorn & Hutton, all of Billings, for appellant.

Arnold H. Olsen, Atty. Gen., Louis E. Poppler, Asst. Atty. Gen., Mr. Charles B. Sande, County Atty., Billings, for respondent.


FREEBOURN, Justice.

John Sauter, defendant and appellant, with George Schneider, was charged by information with the crime of rape, "by the use of force and violence, and threats of violence and great and immediate bodily harm," upon a female of the age of 22 years.

Sauter, tried separately, was convicted and sentenced to serve 25 years in the state prison. From this conviction he appeals.

Over objection, the prosecution was permitted to introduce...

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