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STATE v. RINDAL

No. 10889.

404 P.2d 327 (1965)

146 Mont. 64

The STATE of Montana, Plaintiff and Respondent, v. John O. RINDAL, Defendant and Appellant.

Supreme Court of Montana.

Decided July 19, 1965.

Rehearing Denied August 16, 1965.

Attorney(s) appearing for the Case

Sandall, Moses & Cavan, Billings, DeKalb, Mondale & Johnson, Lewistown, Charles F. Moses (orally), Valerie W. Scott, Billings, and Walter E. Mondale, Lewistown, appeared for appellant.

Forrest H. Anderson, Atty. Gen., William G. Sternhagen, Asst. Atty Gen. (orally), Helena, Peter L. Rapkoch, County Atty., and Leonard H. McKinney, Deputy County Atty. (orally), Lewistown, for respondent.

DOYLE, Justice

This is an appeal from a judgment pronounced on the defendant after his conviction of the crime of grand larceny.

The defendant, John O. Rindal, was charged with the wilful taking of an air compressor and a welder. He was convicted and sentenced to five years in the state prison. All but the first 45 days of the sentence was suspended. The alleged crime occurred in the early morning hours of August 5, 1962, near Roy, Montana. The defendant and...

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