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STATE v. SHANNON

No. 13301.

554 P.2d 743 (1976)

The STATE of Montana, Plaintiff and Respondent, v. John C. SHANNON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 20, 1976.

Attorney(s) appearing for the Case

Hirst & Dostal, Missoula, John Dostal, argued, Missoula, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, John F. North, argued, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Missoula, Edward McLean, argued, Deputy County Atty., Missoula, for plaintiff and respondent.

John Connor, Missoula, for amicus curiae.

CASTLES, Justice.

John C. Shannon appeals his conviction in the district court, Missoula County, on the criminal charge of burglary, a felony as specified in section 94-6-204(1), R.C.M. 1947. Defendant was found guilty of knowingly entering the trailer portion of a tractor-trailer owned by Arden Olsen Trucking of Kalispell, Montana, for the purpose of removing approximately 28 cases of beer. At trial, defendant admitted that he and two friends entered the trailer...

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