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STATE v. NICKS

No. 9723.

312 P.2d 519 (1957)

State of Montana, Plaintiff and Respondent, v. William NICKS, Defendant and Appellant.

Supreme Court of Montana.

Decided June 12, 1957.

Attorney(s) appearing for the Case

Hansen, Jones & Culver, Baker, Clayton Jones, Jr., Miles City, for appellant.

Al Hansen, Baker, and Clayton Jones, Miles City, argued orally for appellant.

Forrest H. Anderson, Atty. Gen., Robert J. Emmons, Asst. Atty. Gen., Gene Huntley, County Atty., Baker, for respondent.

Robert J. Emmons, Asst. Atty. Gen., and Gene Huntley, County Atty., Baker, argued orally for respondent.

HARRISON, Chief Justice.

Appeal from judgment of conviction of the crime of committing a lewd and lascivious act upon the body of a female child of the age of ten years.

This cause was set for hearing by this Court for April 23, 1957. On April 22, 1957, the defendant herein filed in this court a notice and motion for new trial based upon new evidence discovered material to the defendant which he could not with reasonable...

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