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STATE v. CLARK-KOTARSKI

No. 11795.

486 P.2d 876 (1971)

STATE of Montana, Plaintiff and Respondent, v. Daniel R. CLARK-KOTARSKI, Defendant and Appellant.

Supreme Court of Montana.

Rehearing Denied June 7, 1971.

Attorney(s) appearing for the Case

William Taylor (argued) Deer Lodge, Greogory H. Warner, Great Falls, for defendant-appellant.

Patrick J. Brophy (argued) Helena, Robert Woodahl, Helena, J. Fred Bordeau, Great Falls, for plaintiff-respondent.

ORDER

PER CURIAM:

Respondent State of Montana filed herein a motion to dismiss the appeal of the defendant on the ground that the appellant-defendant is now deceased, having suffered a cardiac arrest at the Montana State Prison on November 15, 1970.

Counsel for the deceased defendant filed objections to the motion and this Court set the motion for hearing, at which hearing counsel for respondent and appellant appeared and argued for and against the...

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