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STATE v. NICKS

Nos. 9723, 9894.

332 P.2d 906 (1958)

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

Supreme Court of Montana.

Decided November 26, 1958.

Attorney(s) appearing for the Case

Hansen, Culver & Jones, Baker, Al Hansen, argued orally, for appellant.

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

ANGSTMAN, Justice.

Defendant was convicted of the crime of committing lewd and lascivious acts upon a minor child. His motion for new trial was denied after this court ruled that a motion for new trial could be filed and heard under recanting testimony developed after the trial. State v. Nicks, 131 Mont. 567, 312 Pac. (2d) 519. He has appealed from the order denying the motion.

Since this court has remanded the cause for retrial upon other grounds in an opinion...

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