ADAIR, Chief Justice.
On October 25, 1954, there were present in the district court of Lewis and Clark County, Montana, before the Honorable George W. Padbury, Jr., district judge presiding, the State of Montana by Gerald L. Crowley, then the county attorney of said county, and the accused, Raymond L. Duncan, who was present in person and also by his counsel Melvin E. Magnuson. The following proceedings were then and there had and done, viz.:
The county attorney...
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