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STATE v. DAVIS

No. 10434.

376 P.2d 727 (1962)

The STATE of Montana, Plaintiff and Respondent, v. Gerald F. DAVIS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 29, 1962.

Rehearing denied December 17, 1962.

Attorney(s) appearing for the Case

Gene Brown (argued orally), Bozeman, for appellant.

Forrest H. Anderson, Atty. Gen., Helena, Robert M. Holter, County Atty., Bozeman, Donald Garrity, Deputy Atty. Gen. (argued orally), Helena, Douglas R. Drysdale, Ex County Atty. (argued orally), Bozeman, for respondent.

GUY C. DERRY, District Judge, sitting in place of DOYLE, Justice.

The defendant, Gerald F. Davis, was charged by an information with the crime of having committed a lewd and lascivious act upon a child, a felony. The amended information, made before the entry of plea, likewise charged the defendant with a prior conviction. At the close of the evidence, on motion of the county attorney, the amended information was again amended to meet the proof. The jury having returned...

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