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STATE v. EMERSON

No. 13104.

546 P.2d 509 (1976)

STATE of Montana, Plaintiff and Respondent, v. Craig EMERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided February 24, 1976.

Attorney(s) appearing for the Case

McKinley Anderson (argued), Bozeman, for appellant.

Robert L. Woodahl, Atty. Gen., Helena, Charles E. Erdmann, Deputy Atty. Gen. (argued), Helena, Donald E. White, County Atty., Bozeman, for respondent.

CASTLES, Justice.

Defendant appeals from a Gallatin County judgment of conviction for robbery entered on the verdict of a jury, the Hon. W.W. Lessley, presiding.

In the early morning of January 11, 1975, Three Forks and Gallatin County law enforcement authorities were notified by one Wilbur "Swede" Capps of Three Forks that he had been attacked near his home and his wallet containing $200 to $300 was taken.

The facts surrounding defendant's arrest...

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