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STATE v. HOUCHIN

No. 11273.

428 P.2d 971 (1967)

STATE of Montana, Plaintiff and Appellant, v. James Robert HOUCHIN, Jr., Defendant and Respondent.

Supreme Court of Montana.

Decided June 15, 1967.

Attorney(s) appearing for the Case

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

Murphy, Robinson, Heckathorn & Phillips, Kalispell, C. Eugene Phillips (argued), Kalispell, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal by the State from an order granting a new trial after a jury had found the respondent guilty of petit larceny and two prior convictions.

This is a companion case to State v. Armstrong, 149 Mont. 470, 428 P.2d 611, decided by this court on June 2, 1967. In the Armstrong case, supra, a rather lengthy statement of facts was set forth and is referred to in considering this case. Only...

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