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STATE v. LANE

No. 12267.

506 P.2d 446 (1973)

STATE of Montana, Plaintiff and Respondent, v. Terry A. LANE a/k/a Terry Van Diver, Defendant and Appellant.

Supreme Court of Montana.

Decided February 16, 1973.

Attorney(s) appearing for the Case

D.R. Matthews, argued, Missoula, for defendant-appellant.

Robert L. Woodahl, Atty. Gen., Helena, J.C. Weingartner, Asst. Atty. Gen., argued, Helena, Robert L. Deschamps, III, County Atty., Missoula, Gene McLatchy, Deputy County Atty., argued, Missoula, for plaintiff-respondent.

CASTLES, Justice.

This is an appeal from a judgment of conviction of the crime of receiving stolen property entered on a jury verdict in the district court of the fourth judicial district, county of Missoula. Defendant had a prior felony and was sentenced to a term of five years. He had been charged with burglary in the first degree or alternatively, receiving stolen property.

The home of Mr. & Mrs. Charles Hurt, in Missoula, was burglarized on October...

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