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STATE v. STEWART

No. 12382.

507 P.2d 1050 (1973)

STATE of Montana, Plaintiff and Respondent, v. David Lee STEWART, Defendant and Appellant.

Supreme Court of Montana.

Decided March 16, 1973.

Rehearing Denied April 10, 1973.

Attorney(s) appearing for the Case

James Reno (argued), Joseph E. Mudd (argued), Billings, for appellant.

Robert L. Woodahl, Atty. Gen., Helena, J.C. Weingartner, Asst. Atty. Gen. (argued), Helena, Roy C. Rodeghiero, County Atty. (argued), Roundup, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from the district court of the fourteenth judicial district in Musselshell County with the Honorable Nat Allen presiding. The defendant is appealing from a jury verdict finding him guilty of the crime of burglary in the second degree and a denial of the defendant's motion for a new trial.

From the record it appears that John W. Owen resided on a ranch in Musselshell County, and arrived home from work about...

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