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STATE v. SCALISE

No. 9646.

309 P.2d 1010 (1957)

STATE of Montana, Plaintiff and Respondent, v. Leo F. SCALISE, Defendant and Appellant.

Supreme Court of Montana.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Jerry J. O'Connell and Mr. John M. McCarvel, Great Falls, for appellant. John M. McCarvel argued orally.

Arnold H. Olsen, former Atty. Gen., Mr. Forrest H. Anderson, Atty. Gen., and Louis Forsell, Asst. Atty. Gen., Irving C. Pearson, County Atty., John L. McKeon, Sp. Asst. Atty. Gen., Anaconda, for respondent. John L. McKeon and Louis Forsell argued orally.

HARRISON, Chief Justice.

This is an appeal from a judgment upon plea of guilty, and involves the denial of a motion to withdraw plea of guilty and substitute plea of not guilty.

Information charging the appellant with the crime of obtaining money by false pretenses, a felony, was filed on November 15, 1955, after leave of court having first been obtained. Appellant appeared for arraignment on November 16, being represented by his counsel, J.B. McKnight, Wade...

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