STATE v. KOLSTAD

No. 12822.

531 P.2d 1346 (1975)

The STATE of Montana, Plaintiff and Respondent, v. Marlin KOLSTAD, Defendant and Appellant.

Supreme Court of Montana.

Decided February 11, 1975.


Attorney(s) appearing for the Case

John L. Adams, Jr. (argued), Billings, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Thomas A. Budewitz, Asst. Atty. Gen. (argued), Helena, Harold F. Hanser, County Atty., Charles A. Bradley, Deputy County Atty., Billings, for plaintiff and respondent.


CASTLES, Justice.

This is an appeal by defendant Marlin Kolstad from a judgment of the district court, Yellowstone County, rendered upon a jury verdict, convicting him of burglary in the first degree.

On August 19, 1973, at approximately 12:30 a.m., officers of the Billings Police Department responded to an alarm at the Carl Wiseman and Sons, Inc. warehouse. Upon arriving at the warehouse, they found all doors secure except for the door on the east side. They...

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