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STATE v. EVANS

No. 11688.

460 P.2d 262 (1969)

The STATE of Montana, Plaintiff and Respondent, v. Wray Mearl EVANS and Jack Martin Peterson, Defendants and Appellants.

Supreme Court of Montana.

November 7, 1969.

Attorney(s) appearing for the Case

Yardley & Yardley, Jack Yardley, argued, Livingston, for appellant.

Robert L. Woodahl, Atty. Gen., J.C. Weingartner, argued, Asst. Atty. Gen., Helena, Bryon L. Robb, County Atty., appeared, Livingston, for respondent.

PER CURIAM.

Wray Mearl Evans and Jack Martin Peterson were found guilty of second degree burglary by a jury in the district court of Park County and they appeal from this conviction.

Defendants contend that there was insufficient evidence to support their conviction.

As to the evidence offered by the state, it appears from the record that on February 1, 1969, the farm of Ted Ward was burglarized. Ted Ward's son, Bill Ward, testified that he saw defendant...

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