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STATE v. DiGIALLONARDO

No. 12179.

503 P.2d 43 (1972)

The STATE of Montana, Plaintiff and Respondent, v. Nicholas DiGIALLONARDO, Defendant and Appellant. The STATE of Montana, Plaintiff and Respondent, v. Joseph E. DeGESUALDO, Defendant and Appellant.

Supreme Court of Montana.

Decided November 13, 1972.

Attorney(s) appearing for the Case

Sandall, Moses & Cavan, Billings, Charles F. Moses and Kenneth D. Tolliver argued, Billings, for appellants.

Robert L. Woodahl, Atty. Gen., Helena, Jonathan Smith, Asst. Atty. Gen., argued, Helena, Harold F. Hanser, County Atty., Billings, G. Todd Baugh and Diane G. Barz, Deputy County Attys., argued, Billings, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a conviction in the district court of the thirteenth judicial district, Yellowstone County of the crime of first degree burglary. Codefendants Nicholas DiGiallonardo and Joseph E. DeGesualdo were tried by a jury, in a trial commencing on May 25, 1971. Defendants will hereinafter be referred to as appellants.

Three issues are presented to this Court on appeal. One, whether it was an abuse of discretion...

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