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STATE v. PASCGO

No. 13379.

566 P.2d 802 (1977)

STATE of Montana, Plaintiff and Respondent, v. Ben PASCGO, Defendant and Appellant.

Supreme Court of Montana.

Decided July 20, 1977.

Attorney(s) appearing for the Case

Stimatz & Engel, Butte, Joseph C. Engel, III, argued, Butte, for defendant and appellant.

Michael T. Greely, Atty. Gen., Helena, J. Gary Winston, County Atty., Butte, Nadine Scott, Deputy County Atty., argued, Butte, for plaintiff and respondent.

HARRISON, Justice.

Defendant appeals from a jury conviction of burglary entered in the district court, Silver Bow County. He received a six year sentence in the Montana State Prison with two years suspended. Defendant is free on bond pending this appeal.

In early morning of March 10, 1975, police officers responded to a burglar alarm triggered at Ossello's Furniture Store in Butte, Montana. Arriving at Ossello's within two or three minutes, the officers noticed...

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