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STATE v. SCHLEINING

No. 10766.

403 P.2d 625 (1965)

The STATE of Montana, Plaintiff and Respondent, v.> LeRoy John SCHLEINING, Defendant and Appellant.

Supreme Court of Montana.

Rehearing denied July 20, 1965.

Attorney(s) appearing for the Case

William G. Mouat (argued), Billings, for defendant and appellant.

Forrest H. Anderson, Helena, Donald A. Douglas (argued), Helena, Donald J. Beighle (argued), Deer Lodge, G. Page Wellcome, Thomas I. Sabo, Bozeman, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a conviction of the crime of assault in the second degree after having plead "true" to the charge of a prior conviction. Trial was held in the eighteenth judicial district before the Honorable W.W. Lessley, after a motion for a change of place of trial had been granted by the district court of Powell County.

During the month of April 1962, the appellant was serving a sentence in the State Prison at Deer Lodge...

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