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STATE v. MORGAN

No. 9748.

307 P.2d 244 (1957)

STATE of Montana, Plaintiff and Respondent, v. Clayton MORGAN, Defendant and Appellant.

Supreme Court of Montana.

Decided February 20, 1957.

Attorney(s) appearing for the Case

Rankin & Acher, Helena, for appellant.

Arthur P. Acher, Helena, argued orally for appellant.

Forrest H. Anderson, Atty. Gen., and Louis Forsell, Asst. Atty. Gen., Mr. Frank T. Hooks, Co. Atty., Townsend, for respondent.

Louis Forsell, Asst. Gen., argued orally for respondent.

HARRISON, Chief Justice.

This is an appeal by the defendant from a judgment entered on his plea of guilty of burglary in the second degree, and from an order denying his motion for leave to withdraw his plea of guilty and substitute therefor a plea of not guilty.

The facts are that the defndant was arrested on August 22, 1956, and charged with driving a motor vehicle without a driver's license.

At the time of his arrest, in conversation with the sheriff...

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