JAMES T. HARRISON, Chief Justice.
This is an appeal from a judgment of conviction, entered following a jury trial, of the crime of kidnapping with the intent to secretly confine.
The fact situation discloses that there was a riot at the Montana State Prison on April 16, 1959. One Erwin F.. Sieler was employed as a guard at the prison on that date and about 3:30 p.m. he relieved another guard for lunch period. In so doing he was located near a desk in what...
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