STATE v. BORCHERT

No. 11833.

479 P.2d 454 (1971)

STATE of Montana, Plaintiff and Respondent, v. Lavern E. BORCHERT, Defendant and Appellant.

Supreme Court of Montana.

January 6, 1971.


Attorney(s) appearing for the Case

Berg, O'Connell, Angel & Andriolo, Bozeman, Richard J. Andriolo (argued), Bozeman, for appellant.

Robert L. Woodahl, Atty. Gen., Helena, Patrick J. Brophy, Asst. Atty. Gen., (argued), Helena, McKinley Anderson, County Atty., Bozeman, Gene I. Brown, Deputy Atty. Gen., (argued), Bozeman, for respondent.


CASTLES, Justice.

Defendant was tried by a jury in the district court of the eighteenth judicial district, Gallatin county, and convicted of the offense of committing a lewd and lascivious act upon a child. He was sentenced to twenty years in the Montana state prison.

On July 31, 1969 at approximately 1:00 p.m. the victim, a five year old girl, and her two girl friends, ages nine and ten, were forced into a car and taken to the outskirts of Bozeman, Montana...

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