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STATE v. SPIELMANN

Nos. 12479 and 12480.

516 P.2d 617 (1973)

STATE of Montana, Plaintiff and Respondent, v. John Michael SPIELMANN, Defendant and Appellant. STATE of Montana, Plaintiff and Respondent, v. Louis Tony CHRISTENSEN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 29, 1973.

Rehearing Denied December 27, 1973.

Attorney(s) appearing for the Case

Smith Law Firm, Helena, Robert J. Sewell, Jr., argued, Helena, Anderson & Dasinger, Bozeman, for defendants and appellants.

Robert L. Woodahl, Atty. Gen., Helena, J.C. Weingartner, Asst. Atty. Gen., argued, Helena, Thomas A. Olson, County Atty., Bozeman, Donald E. White, Sp. Deputy County Atty., argued, Bozeman, for plaintiff and respondent.

DALY, Justice.

This appeal is brought by defendants John Michael Spielmann and Louis Tony Christensen, from their joint trial in the district court of Gallatin County. Spielmann was convicted of one count of robbery and Christensen of two counts of robbery and of first degree burglary.

On November 9, 1972, Spielmann, Christensen and Douglas Green, aged 15, were arrested together. Green plead guilty to charges against him and was committed to the Pine Hills...

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