STATE v. GREEN

No. 10626.

388 P.2d 362 (1964)

The STATE of Montana, Plaintiff and Respondent, v. Gail Borden GREEN, Defendant and Appellant.

Supreme Court of Montana.

Decided January 21, 1964.


Attorney(s) appearing for the Case

L.R. Bretz, William Conklin (argued), Great Falls, for appellant.

J. Fred Bourdeau, Chief Deputy County Atty., John F. Iwen, Deputy County Atty., Great Falls, Alfred B. Coate, Asst. Atty. Gen. (argued), Forrest H. Anderson, Atty. Gen., Helena, for respondent.


JOHN C. HARRISON, Justice.

The defendant was tried and convicted of the crime of "Attempt to commit a lewd and lascivious act upon a child, together with two prior convictions of a felony." The district court sentenced him to 50 years and it is from this conviction that the defendant appeals.

The facts giving rise to this appeal are as follows: On or about May 27, 1962, a ten year old girl and her two younger brothers were seated in their parent's car in front...

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