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STATE v. NELSON

No. 9466.

304 P.2d 1110 (1956)

The STATE of Montana, Plaintiff and Respondent, v. William J. NELSON, alias William James Nelson, alias Bill Nelson, alias William Newal, alias Jimmy Little, alias James Little, alias William Nelson, alias Williams, Defendant and Appellant.

Supreme Court of Montana.

Decided December 13, 1956.

Attorney(s) appearing for the Case

Sandall & Moses, Mr. Charles F. Moses, Billings, and John W. Mahan, Helena, for appellant. Charles F. Moses and John W. Mahan, argued orally.

Arnold H. Olsen, Atty. Gen., Mr. Hubert J. Massman, Asst. Atty. Gen., Mr. Arnold A. Berger, County Atty., and John J. Cavan, Jr., Billings, for respondent. Hubert J. Massman and Cavan, argued orally.

ANGSTMAN, Justice.

Defendant was convicted of the crime of burglary, alleged to have been committed on or about January 21, 1954, and has appealed from the judgment of conviction. The state filed a motion to dismiss his appeal upon the ground that the court's order extending the time for a bill of exceptions granted the defendant until February 22, 1955, within which to file the same, but alleges it was not actually filed until May 12, 1955, and upon the further ground...

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