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STATE v. ROZZELL

No. 12029.

486 P.2d 877 (1971)

The STATE of Montana, Plaintiff and Respondent, v. Alton B. ROZZELL, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided June 30, 1971.

Attorney(s) appearing for the Case

E.F. Gianotti (argued), Great Falls, for appellant.

Robert L. Woodahl, Helena, J.C. Weingartner (argued), Helena, J. Fred Bourdeau, Great Falls, James Walsh (argued), Great Falls, A. Evon Anderson, Fort Benton, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal from the district court of the eighth judicial district, county of Cascade, of a first degree burglary conviction against Alton B. Rozzell, Jr., defendant and appellant herein.

The facts leading to the conviction are: During the night of August 31, 1970, burglars entered the Convenient Food Mart, 1705 Alder Drive, Great Falls, Montana. In the course of operation the burglars...

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