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STATE v. PHILLIPS

No. 10946.

412 P.2d 205 (1966)

The STATE of Montana, Plaintiff and Respondent, v. Jack PHILLIPS, Defendant and Appellant.

Supreme Court of Montana.

Decided March 16, 1966.

Attorney(s) appearing for the Case

Weber, Bosch & Kuhr, John B. Kuhr (argued), Havre, for appellant.

Morrison & Ettien, Havre, Forrest H. Anderson, Atty. Gen., Charles M. Joslyn, Asst. Atty. Gen. (argued), Helena, for respondent.

DOYLE, Justice.

The defendant was tried in Hill County before the Honorable C.B. Elwell, Judge presiding on September 24, 1964, charged with eight counts of forgery. The county attorney moved for the dismissal of counts V, VI, VII and VIII. The trial court dismissed count IV. The defendant was also charged with a prior conviction of felony, which charge was destroying and injuring the jail at Havre on or about January 17, 1958.

The jury returned a verdict...

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