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STATE v. KUNTZ

No. 9584.

295 P.2d 707 (1956)

The STATE of Montana, Plaintiff and Respondent, v. Frank Joseph KUNTZ, Defendant and Appellant.

Supreme Court of Montana.

April 6, 1956.

Attorney(s) appearing for the Case

Raymond F. Gray, Ronan for appellant.

Raymond F. Gray, Ronan, argued orally for appellant.

Arnold H. Olsen, Atty. Gen., Mr. Louis Forsell, Asst. Atty. Gen., Mr. J.A. Turnage, County Atty., Polson, for respondent.

Jean A. Turnage, County Atty., Polson, and Louis Forsell, Asst. Gen., argued orally for respondent.

DAVIS, Justice.

The defendant Kuntz (appellant here) was charged in the district court for Lake County with the crime of incest alleged to have been committed with his daughter on or about January 5, 1953. Upon his plea of not guilty he was tried to a jury and found guilty. On November 26, 1954, the judgment of the court was passed that he serve a term of three years at hard labor in the state prison. From that judgment and from an order made December 28, 1954, denying...

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