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STATE v. NELSON

No. 13133.

560 P.2d 897 (1977)

The STATE of Montana, Plaintiff and Respondent, v. Danny NELSON and Elmer Craton Nelson, Defendants and Appellants.

Supreme Court of Montana.

Submitted January 21, 1977.

Attorney(s) appearing for the Case

Bradley B. Parrish, argued, Lewistown, for defendants and appellants.

Michael Greely, Atty. Gen., Allen B. Chronister, Asst. Atty. Gen., argued, Helena, William Spoja, County Atty., Robert L. Knopp, Deputy County Atty., argued, Lewistown, for plaintiff and respondent.

HASWELL, Justice.

Defendants were convicted by jury verdict in the district court, Fergus County, of two counts of offering to sell dangerous drugs in violation of section 54-132, R.C.M. 1947. Both defendants appeal.

The material facts are disputed. The state's version is that defendants Danny Nelson and Elmer Nelson, brothers, offered to sell marijuana on two separate occasions to James Bridgeford, an undercover narcotics agent for the Fergus County sheriff...

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