STATE v. GANGNER

No. 9695.

305 P.2d 338 (1957)

STATE of Montana, Plaintiff and Appellant, v. E.T. GANGNER, Defendant and Respondent.

Supreme Court of Montana.

Decided January 4, 1957.


Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Hubert J. Massman, Asst. Atty. Gen., James C. Wilkins, Jr., Co. Atty., Weymouth D. Symmes, Sp. Prosecutor, Lewistown, for appellant. James C. Wilkins, Jr., and Hubert J. Massman argued orally.

Walter E. Coyle, John T. Mullany, Robert J. Holland, Butte, for respondent. Walter E. Coyle argued orally.


ANGSTMAN, Justice.

Defendant was accused of the infamous crime against nature alleged to have been committed on or about April 29, 1955, with a fifteen year old boy. He was found guilty by verdict of the jury. His motion for a new trial was granted and the state has appealed from the order granting the new trial.

The sole question presented by the appeal is whether the evidence was sufficient to sustain the verdict.

At the trial defendant did not testify...

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