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STATE v. AUSTAD

No. 12832.

533 P.2d 1069 (1975)

STATE of Montana, Plaintiff and Respondent, v. Gene Andrew AUSTAD, Defendant and Appellant.

Supreme Court of Montana.

Decided April 9, 1975.

Attorney(s) appearing for the Case

E.F. Gianotti (argued), Great Falls, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Thomas A. Budewitz, Asst. Atty. Gen., (argued), Helena, Charles M. Joslyn, County Atty. (argued), Choteau, for plaintiff and respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal by defendant Gene Austad from a judgment of conviction of the crime of burglary in the first degree entered in the district court, Teton County.

The state's evidence presented disclosed that on the evening of December 21, 1973, Glen Shetler, a part-time police officer, was patrolling the streets of Fairfield, Montana. At approximately 6:40 p.m. Shetler arrived in the southwest part of Fairfield where the...

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