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STATE v. HARRIS

No. 12228.

498 P.2d 1222 (1972)

STATE of Montana, Plaintiff and Respondent, v. Phillip HARRIS, Defendant and Appellant.

Supreme Court of Montana.

Submitted May 18, 1972.

Attorney(s) appearing for the Case

Evalyn B. Carson (argued), Billings, for defendant and appellant.

William J. Krutzfeldt (argued), Miles City, Robert L. Woodahl, Atty. Gen., J.C. Weingartner, Asst. Atty. Gen. (argued), Helena, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

Defendant, Phillip Harris, was convicted of burglary in the first degree in the district court of the sixteenth judicial district, county of Custer, and sentenced to fourteen years, with four years suspended, in the Montana state prison. From this judgment, defendant appeals.

During the fall months of 1970, a codefendant of Harris, one Leon Meidinger, began frequenting Kelly's Gaslite, a bar in Miles City. Working at the bar was...

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