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STATE v. WATKINS

No. 12463.

518 P.2d 259 (1974)

STATE of Montana, Plaintiff and Respondent, v. Charles R. WATKINS, Defendant and Appellant.

Supreme Court of Montana.

Decided January 22, 1974.

Attorney(s) appearing for the Case

John L. Adams argued, Billings, for defendant-appellant.

Robert L. Woodahl, Atty. Gen., Thomas Beers, Asst. Atty. Gen., argued, Helena, Harold F. Hanser, County Atty., Diane G. Barz, Deputy County Atty., appeared, Billings, for plaintiff-respondent.

PAUL G. HATFIELD,* District Judge.

On October 31, 1972, defendant Charles R. Watkins was tried, and on November 1, 1972, convicted of burglary in the second degree in the district court, Yellowstone County. He was sentenced to a term of five years in the state prison. From this conviction and judgment he appeals.

Either late on May 5, 1972, or early in the morning May 6, 1972, the rear door of the Gorham Park Drug, located at Broadwater...

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