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STATE v. CALLAGHAN

No. 10743.

396 P.2d 821 (1964)

The STATE of Montana, Plaintiff and Respondent, v. Gary CALLAGHAN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 23, 1964.

Attorney(s) appearing for the Case

Waldo N. Spangelo (argued) Havre, for appellant.

Robert D. Morrison, Havre, Forrest H. Anderson, Helena, Arthur Ayers, Jr. (argued) Helena, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal by the defendant from a judgment entered in the district court of Hill County following a jury verdict of guilty of the crime of robbery.

The record discloses that at about 5:00 A.M. the morning of Saturday, August 24, 1963, the defendant and one Guy Smith arrived in Chinook, Montana, after an unsuccessful trip to the southwest to look for work. They took a hotel room and slept until that afternoon when one...

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