STATE v. ARMSTRONG

No. 11250.

428 P.2d 611 (1967)

The STATE of Montana, Plaintiff and Respondent, v. David Price ARMSTRONG, Defendant and Appellant.

Supreme Court of Montana.

Submitted May 8, 1967.

Rehearing denied June 21, 1967.


Attorney(s) appearing for the Case

I. James Heckathorn and C. Eugene Phillips (argued), Kalispell, for appellant.

Forrest H. Anderson, Atty. Gen., Helena, Marshall Candee, County Atty., Libby, Charles M. Joslyn, Asst. Atty. Gen. (argued), Helena, for respondent.


JOHN C. HARRISON, Justice.

This appeal results from a conviction of petit larceny of copper telephone wire, together with two prior convictions.

At approximately 10:20 p.m. on March 20, 1966, the long distance operator at Libby was in the process of placing a call when the line went dead, the reason for the interruption of service became understandable to all concerned when it was discovered that some 4,800 feet of line was missing from its usual place on...

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