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STATE v. MINER

No. 13085.

546 P.2d 252 (1976)

STATE of Montana, Plaintiff and Respondent, v. John Michael MINER, Defendant and Appellant.

Supreme Court of Montana.

Decided February 9, 1976.

Attorney(s) appearing for the Case

James A. Tulley, argued, Big Timber, O.J. Paulson, Big Timber, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Thomas A. Budewitz, argued, Asst. Atty., Gen., Helena, Kenneth R. Olson, County Atty., Big Timber, for plaintiff and respondent.

DALY, Justice.

This is an appeal by defendant John Michael Miner from a judgment entered in the district court, Sweet Grass County, Hon. C.B. Sande, presiding. The judgment followed a jury verdict finding Miner guilty of burglary. Miner appeals.

On the night of September 7, 1974, Ullman Lumber Company in Big Timber, Montana was burglarized. Taken in the burglary were approximately $70 in cash and $1100 in checks written to Ullman Lumber Company. The testimony...

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