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STATE v. SIMON

No. 9168.

247 P.2d 481 (1952)

STATE v. SIMON

Supreme Court of Montana.

Decided August 16, 1952.

Attorney(s) appearing for the Case

F.F. Haynes, Forsyth, and Arthur R. Meyer, Billings, for appellant.

Arnold H. Olsen, Atty. Gen., Charles V. Huppe, Asst. Atty. Gen., H. M. Brickett, Charles B. Sande, Co. Atty., Jerome Anderson, Deputy Co. Atty., Billings, for respondent.

METCALF, Justice.

Harry Moore lived on a farm three and a half miles southeast of Laurel, Montana. On the evening of November 26, 1951, he was at home with his wife, his little boy, and two of his daughters, Margaret and Sheryl. Mr. Moore went to bed that evening about 8:00 p.m. Later, at about 9:00, Moore was awakened by Sheryl who said to her father, "Some boys are out there." Mr. Moore went to the door where he saw three boys and a short distance away in the shadows...

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