STATE v. FILACCHIONE

No. 9997.

347 P.2d 1000 (1960)

STATE of Montana, Plaintiff and Respondent, v. Nicholas L. FILACCHIONE, Defendant and Appellant.

Supreme Court of Montana.

Decided January 4, 1960.


Attorney(s) appearing for the Case

Lee Overfelt, Billings, and John W. Bonner, Helena, argued orally, for appellant.

Forrest H. Anderson, Atty. Gen., Alfred Coate, Asst. Atty. Gen., for respondent.

Alfred Coate, Asst. Atty. Gen., argued orally.


ANGSTMAN, Justice.

Defendant was convicted of the crime of attempted burglary in the first degree. He was sentenced to a term of five (5) years imprisonment. He has appealed from the judgment and from an order denying his motion for a new trial.

Briefly, the record shows that two young men testified they observed the defendant, one Isaacs, and a third man in separate places in a certain alley in Billings and reported their observations to the police officers...

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